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DUI Stops

Supreme Court to Rule: Can Unconscious Driver Consent to Blood Draw?

Jan 24th, 2019 PBarone

On January 11th the United States Supreme Court indicated that they would hear a case arising out of the state of Wisconsin involving the constitutionality of a warrantless blood draw from an unconscious person. The name of the case is Mitchell v....

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In a Drunk Driving Investigation Must Police Read Me My Rights?

Nov 26th, 2018 PBarone

Yes, when you’ve been stopped for drunk driving the police must read you your rights.  In fact, the police may be required to read to you three separate sets of rights; one related to the roadside or preliminary breath test (PBT), the...

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Police Car Dash-Cam Video and DUI/OWI Cases

Aug 1st, 2018 PBarone

Most police agencies in Michigan use dash-cams to record citizen interactions. This means that if you’ve been arrested for DUI/OWI in Michigan, there is an excellent change that a dash-cam video exists. Every drunk driving arrest is different, and not every video...

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Common Police Officer Tests/Requests in DUI/OWI Arrests

Jul 19th, 2018 PBarone

Most people arrested for drunk driving in Michigan first encounter the police as part of a traffic stop.  The traffic stop might be for something unrelated, such as speeding, or it might be because of something more commonly associated with intoxicated driving,...

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Police Caught Falsifying More Than a Quarter Million Breath Tests

Jun 7th, 2018 PBarone

Victoria Police was caught falsifying more than a quarter million roadside breath tests over a five-year period.  The claim is that the officers did this to meet quotas or to highlight their productivity.  At the end of the month, when quotas had...

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When Will Michigan Have a .05 Legal Limit for Drunk Driving?

May 7th, 2018 PBarone

Michigan is likely to have a .05 legal limit for drunk driving within the next five years. This is because the National Highway Traffic Safety Administration (NHTSA) has begun pushing a .05 legal limit at the national level.  Once a .05 legal...

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Michigan Medical Marijuana Licensees Must Obtain Business Insurance

Sep 11th, 2017 baronedefenew

If you are interested in obtaining one of Michigan’s five commercial Medical Marijuana licenses, then as part of the application process you will need to demonstrate that you have the financial ability to obtain and maintain adequate premises liability and casualty insurance...

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Must Field Sobriety Tests Follow Standards Prescribed by the National Highway Traffic Safety Administration?

Feb 17th, 2017 baronedefenew

The answer is somewhat unclear because so far no Michigan court has specifically ruled that police officers must administer standardized field sobriety tests in accordance with protocol set forth by the National Highway Traffic Safety Administration (NHTSA).  However, a new law was...

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Michigan DUI Cases and Improperly Administered Field Sobriety Tests

Jan 2nd, 2017 baronedefenew

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...

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

Dec 30th, 2016 baronedefenew

Disclaimer: This case was overruled by the more recent Michigan Supreme Court case of People v. Rea. 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,...

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