In Michigan, a charge of drunk driving causing death is punishable by up to 15 years in prison. This possible sentence is set forth in Michigan Complied Laws 257.625(4)(a). In determining exactly what sentence to impose for an individual case a judge will be looking at many factors, including the…
Michigan Criminal Defense Lawyer Blog
Michigan Court Rules Preliminary Breath Test Results Admissible For Crimes Other Than DUIs
Even before you are arrested, the police in Michigan can often conduct a search of your breath using a portable or preliminary breath test device. The purpose of these tests is to determine how much alcohol is in your body. However, these portable breath testers have significant limitations relative to…
Delay in Prosecution Leads to Dismissal of Wayne County DUI
Prosecutors are loath to dismiss or reduce drunk driving cases in Michigan. This is because so many people watch DUI cases so closely, everyone from MADD to the Michigan State Police watch and track what happens to each and every person arrested for intoxicated driving in Michigan. If a prosecutor…
Facebook Posting Admissible as Evidence in Michigan Criminal Case
According to the Michigan Court of Appeals, Facebook postings are admissible as evidence against a person accused of a crime in Michigan. In a recent case involving assault with intent to commit murder, felony firearm and other charges, the prosecutor found and presented to the jury evidence obtained from the…
Drunk Driving Operation Can be Proven by Driver’s Admission to Police
The Michigan Court of Appeals has recently held that a driver’s admission to drinking too much and trying to drive from the bar were admissible against her to establish the element of operation. As prosecutors often say in their opening/closing arguments, a crime is made up of parts called elements.…
Health Professionals Must Self-Report Criminal Convictions to Michigan Department of Licensing and Regulatory Affairs
Criminal defense lawyers who represent Michigan’s health care professionals, including doctors, dentists and nurses, are often unaware that their clients have a duty to self-report a criminal conviction to the Michigan Department of Licensing and Regulatory Affairs (LARA). According to Aaron J. Kemp of the Chapman Law Group “the resulting…
48th District Court Judge in Bloomfield Hills, Michigan Finds Prejudice when Drunk Driving Case Set for Trial Then Dismissed
The Barone Defense Firm recently handled a drunk driving case in Bloomfield Hills 48th District Court. The case involved a person who was stopped for weaving and running a red light. According to the police officer, this driver failed the field sobriety tests, and was arrested. He later had his…
Barone Featured in September Super Lawyer’s Magazine
Michigan DUI lawyer Patrick T. Barone was recently featured in an article appearing on page 5 of the September 2016 Michigan Edition of Super Lawyers. This edition of the Super Lawyer’s magazine was sent to all of Michigan’s more than 33,000 lawyers and judges. For the general public searching for a Super Lawyer,…
Minimizing the Impact of a Michigan DUI on Pilot Licenses
Many people don’t realize that a drunk driving picked up on their “own time” can sometimes affect their jobs. This is particularly true for nearly anyone who carries a professional license, be it a pilot license, medical license, insurance license, real estate license or even a cosmetology license. In almost…
Michigan Expands Definition and Use of Drug Recognition Experts
Starting in the fall of 2016, Michigan police will have a new tool to help them fight intoxicated driving. This new tool comes in the form of a saliva test for drugs, and it will be used in conjunction with a Drug Recognition Expert, or DRE, to help Michigan police arrest…