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Articles Posted in DUI Trials

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Prosecutors Stop Using Results from Improperly Calibrated Breath Test Machines

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 the state were improperly calibrated.  If was further…

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Barone Defense Firm Obtains Not Guilty on Troy Michigan Drunk Driving Jury Trial

The Barone Defense Firm is proud to announce a recent not guilty verdict on a Troy Michigan drunk driving case.  The Barone Defense Firm Trial Attorney who handled the case was rising super-star Ryan Ramsayer.  Here is  Mr. Ramsayer’s synopsis of the case, including a summary of the not guilty…

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Am I Eligible for Sobriety Court?

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 law established new procedures and sobriety court participation…

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Misdemeanor and Felony Procedures in a Michigan DUI/OWI Case

  After you’ve been arrested for DUI/OWI in Michigan the next step will be for the arresting officer(s) to prepare a narrative written police report, including any supplemental discovery materials. Depending on the nature of the office, this report and investigation will include a description of the basis for the…

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How to Win a Drunk Driving Case Without Trying

  Can You Really Win a Drunk Driving Trial Without Even Trying? Sometimes, winning a trial or a contested hearing comes down to knowing what not to do! In drunk driving cases, nowhere is this truer than with administrative hearings held on appeal from an alleged implied consent violation.  To…

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The Misleading Concept of Alcohol Tolerance in Michigan DUI Cases

Many judges, prosecutors, and defense attorneys have mistaken beliefs about alcohol tolerance.  In a drunk driving trial, these mistaken beliefs can lead to misleading arguments which might further lead to wrongful convictions.  A recent article from the peer-reviewed science journal article Psychopharmacology[i] helps support a defense lawyer’s attempt to preclude…

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What it Means to “Operate” a Vehicle In the Context of a Michigan DUI Charge

In some situations, the police can charge you with drunk driving in Michigan even if the police never saw you driving your car.  However, the legal analysis in these cases is very fact specific, and the law is quite complex.  In some situations, courts have upheld convictions when the police…

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Michigan Saliva Drug Test Program Delayed Until Spring

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…

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