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Michigan's DUI
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 Defending Drinking Drivers In January 2006, Mr. Barone was selected after a national search to assume authorship of Defending Drinking Drivers (James Publishing) a well-known and highly respected multi volume national legal treatise on DUI-DWI law and practice. |
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Your thoughtful and pragmatic approach to my case resulted in a judgment that exceeded my expectations. You entered the courtroom prepared and confident. Further, the time you spent with me reviewing your strategy and preparing me for "the process" alleviated much of my anxiety. -J.T.F. |
Drunk Driving Cases Handled by Attorney Patrick T. Barone
Case #37
People vs. S.M. S.M. was arrested and charged with the criminal OWI. The Detroit Michigan Police report/warrant request indicated as follows: "Crew observed above subject drive over curb through vacant lot to avoid traffic at Fourth and Grand River. Upon investigation subject smelled of intoxicants and had bloodshot dilated eyes. Subject was asked to rear of vehicle to preform series of field sobriety evaluations. Subject passed ABC°s, failed counting backwards from 100-88 & failed One-Legged Stand. Subject was offered PBT with a result of .12.". The evidentiary breath test registered two results of .12 each. As a result of the above investigation, our client was charged with the criminal misdemeanor violation of OWI. We set the criminal matter for jury trial. On the day of the trial, the arresting officer was present, but the officer who administered the breath test failed to appear, and was not present. We moved to dismiss on these grounds. The prosecutor originally argued to the Court that she could move forward at the trial on the common law theory of "Operating While Under the Influence of Liquor". We responded that by not calling the breath test officer we were effectively precluded our right of cross-examination, and cited to the Court the brand new case of Crawford vs. Washington, a case where the United States Supreme Court effectively expanded a criminal defendant°s right to confront and cross-examine prosecution witnesses. The prosecutor ultimately withdrew her argument, and indicated to the Court that she was not ready to proceed. The Court then agreed with our arguments, and dismissed the case. CASE DISMISSED.
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