What is the Difference Between a Question of Law and a Question of Fact?

  • January 31st, 2017
  • Patrick Barone
  • DUI TrialsDUI

The short and simple answer is that questions of law are for the judge to decide whereas questions of fact are for the jury to decide.  However, while technically correct, this short answer is incomplete.  Especially if you are charged with a crime like intoxicated driving. As with any other crime in Michigan, if you

National Movement Toward Lowering the Legal BAC Limit Begins in Utah

  • January 4th, 2017
  • Patrick Barone
  • DUI EnforcementDUI

A Utah lawmaker is backing a change in Utah’s DUI law lowering the legal limit to .05%.  Utah’s current legal limit is .08%. This change would make Utah the first state in the Union to reduce the legal limit from .085 to .055.  In 2005 Michigan was the last state to reduce the legal limit to

Michigan DUI Cases and Improperly Administered Field Sobriety Tests

  • January 2nd, 2017
  • Patrick Barone
  • DUI StopsDUI Defense

The lawyers at the Barone Defense Firm are regularly astonished by how infrequently police officers actually bother to follow their advanced training when making DUI arrests.  In virtually every case we can find mistakes, and we can sometimes leverage and use these failures to obtain great results for our clients. An example of when a failure

Driveway DUI’s: Michigan Court Rules it Not Unlawful to Drive Drunk in Own Driveway

  • December 30th, 2016
  • Patrick Barone
  • DUI StopsDUI EnforcementDUI

The Michigan Court of Appeals recently ruled that a person may drive drunk in their own driveway.  The name of the case is People v. Rea, 315 Mich. App. 151 (2016), and in this case, after having “a lot” to drink the defendant decided he wanted to listen to some music. So, he drove his car

Caffeine Related DUI Charges and What Constitutes An “Intoxicating Substance” in Michigan

  • December 29th, 2016
  • Patrick Barone
  • DUI DefenseDUI

An attorney in California has been charged with DUI for allegedly driving under the influence of caffeine.  The officer who pulled the man over was working on alcohol enforcement when the driver pulled in front of him, cutting him off, and then driving erratically.  A roadside breath test showed no alcohol was present in the

Exigent Circumstances Did Not Justify Warrantless Blood Draw in Medical Marijuana DUI Case

  • December 29th, 2016
  • Patrick Barone
  • OWIBlood TestingMarijuana Laws

If you’ve used medical marijuana in Michigan, drive your car, and are stopped by the police, you can be charged with OWI or “operating while intoxicated.”  This is because Michigan’s drunk driving statute, found at Michigan Compiled Laws 257.625, indicates in part as follows: As used in this section, “operating while intoxicated” means any of

Can Breath Test Results Be Suppressed for Failing to Follow Calibration Requirements?

  • December 22nd, 2016
  • Patrick Barone
  • Breath TestingDUI Penalties

Yes, in certain circumstances, a breath test result in a drunk driving case can be suppressed for failure to follow all existing calibration requirements.  Therefore, it is important for your drunk driving defense lawyer to confirm that all existing requirements for calibration and calibration checks have been followed. All police departments in Michigan use the DataMaster

Michigan Saliva Drug Test Program Delayed Until Spring

  • December 20th, 2016
  • Patrick Barone
  • OWIDUI Drug ChargesDUI Trials

Michigan passed a law such that beginning in September 2016 police were going to start testing a salvia drug swab.  Apparently, however, the technology has not caught up with the law, and so, according to Mlive, the program is being delayed.  An MSP spokesperson said the program isn’t likely to get started now until spring

A Brief History of Michigan Marijuana Laws

  • December 15th, 2016
  • Patrick Barone
  • Criminal PenaltiesMarijuana Laws

What follows is a history of the significant events and court rulings that have lead up to the current laws related to medical marijuana in Michigan. 2008 – Michigan voters approve the legalization of medical marijuana. In November 2008, Michigan voters were confronted with a ballot proposal to allow physician-approved use of marijuana for certain medical

State of Michigan to Rake In At Least 80 Million Dollars Yearly From Medical Marihuana

  • December 9th, 2016
  • Patrick Barone
  • Criminal PenaltiesMarijuana Laws

On September 21, 2016 Governor Snyder signed into law a series of new bills that amended Michigan’s Medical Marihuana Act, as set forth in Michigan Compiled Laws, sec. 333.26424, et. seq.  This series of bills is called the “Medical Marihuana Facilities Licensing Act,” and the effective date of this package of bills was December 20, 2016. 

  • About the Author Attorney Patrick Barone is well-known and well respected throughout the legal community. As a professor, guest speaker and author he shares his knowledge of drunk-driving defense with lawyers and judges to help them better understand this complex area of law. Mr Barone is the co-author of two highly regarded books including Defending Drinking Drivers and Michigan DUI Law – a Citizen’s Guide. Also, Super Lawyers Magazine recently recognized his unique approach to law in their article “Walking in Their Shoes.”
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