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DUI Trials

DUI Defendant’s Constitutional Right to Confront Chemical Test Remains Clear as Mud

Nov 30th, 2018 PBarone

In the past decade, the United States Supreme Court has issued several opinions addressing a DUI defendant’s right to confront a breath or blood test used by the prosecution to prove intoxication at trial. In legal terms, the word “confront” essentially means...

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Prosecutors Stop Using Results from Improperly Calibrated Breath Test Machines

Sep 25th, 2018 PBarone

Prosecutors across the state of Massachusetts have stopped using breath test results obtained during drunk driving arrests for tens of thousands of motorists between 2011 and 2017.  The reason is that defense attorneys representing the drivers discovered that breath test machines throughout...

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Am I Eligible for Sobriety Court?

Aug 2nd, 2018 PBarone

Many courts throughout Michigan employ an alternative form of sentencing for drunk drivers that emphasize treatment over punishment. Collectively, this approach to sentencing is called sobriety court.  Such courts utilize a 2011 Michigan statute codified in Michigan Compiled Laws § 257.304.  This...

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The Steps in a Michigan DUI/OWI Case

Jun 18th, 2018 PBarone

This article covers only the steps in DUI/OWI case that take place in court after a lawyer has been retained. The first step in a Michigan drunk driving case is an arraignment on the warrant, ticket, complaint or information.  At the arraignment,...

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Understanding the Arraignment Process after a Michigan DUI/OWI

Jun 5th, 2018 PBarone

The arraignment is the first court hearing that will take place after a Michigan DUI/OWI arrest.  This hearing can take place before a judge or magistrate, and in some courts, can be waived.  The purpose the arraignment is to inform you of...

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