In nearly every drunk driving arrest, the police officer’s narrative report will indicate the observation of “strong odor of intoxicants.” As with all the facts, it will ultimately be up to a jury to decide the meaning of this observation, and to “weigh” it along with all the evidence in…
Michigan Criminal Defense Lawyer Blog
Prosecutors Often Commit Professional Misconduct in DUI Trials
The trial of an alleged drunk driving brings out all sorts of personal biases and strong opinions. In their zeal to gain convictions, prosecutors, often without realizing it, violate their professional ethics. The most common place this happens is during opening and closing arguments. But it often happens during the…
After a Drunk Driving Death, the Power of Forgiveness Heals
Perhaps one of the most tragic drunk driving accidents in recent memory involved the simultaneous death of a mother and her two boys, aged 12 and 9. The husband and father of the boys, Mr. Gary Weinstein, was not in the vehicle, and therefore survived the crash that wiped out…
Officer Offers to Exchange Kinky Sex for DUI Arrest
Being arrested in Michigan for DUI can be a horrifying experience, and when the arresting officer tells you that if you give him kinky sex, you will not be arrested, it can become a total nightmare. According to a Florida lawsuit, this is exactly what two Florida cops recently did.…
Some DUI Lawyers Use Unethical Practices to Gain New Clients
Intense competition amongst attorneys in efforts to gain new clients has caused increasing numbers of lawyers to violate their code of professional conduct. Such unethical business practices have become commonplace on the internet. For example, at least one state has found that using another lawyer’s name to gain web site…
Will a Failure to Videotape My DUI Arrest Result in Dismissal?
Most police agencies in Michigan will make a video recording of their roadside investigation. Depending on where the arrest occurred, this might be either a dashcam or a body cam. As a general rule of the discovery process, the police are required to provide your local OWI lawyer with a…
Stunning Michigan DUI Dismissal Saves Doctor’s Professional License!
Barone Defense Firm Partner Mike Boyle recently saved his client’s dental license by persuading a judge to dismiss her case. The dismissal was final. In addition to the possible loss of her dental license, this client’s case was also complicated by her need to travel to Canada. This dismissal makes…
Will I Need an Expert for My Michigan DUI Case?
Yes, Expert Witnesses and Expert Lawyers are Often Necessary for a Michigan DUI Case. The reason this is so important is that a Michigan drunk driving arrest will nearly always involve scientific evidence such as a breath or blood test. When death or serious injury is involved, additional expertise in…
Don’t Tell Police You’re a Lightweight!
If you tend to get drunk easily because you don’t drink much, have taken certain kinds of medication, or have not slept, then you are better off keeping this information to yourself. In other words, if you are stopped because an officer suspects drunk driving, you are well-advised to exercise…
Loss of Professional License a Possible Consequence of DUI Conviction
There are three categories of consequences that can arise out of a drunk driving conviction. The punitive sanctions are those that the judge imposes after you are convicted, and include things like jail time, fines and costs, community service, etc. The driver license sanctions are those imposed by the Secretary…