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City of Auburn Hills vs. B.P.

Court: 52-3 District Court Rochester, Michigan
Charge: OUIL 2nd Offense

During the pretrial process, the prosecutor offered no reduction, so client decided he had no choice but to proceed with trial. The police report indicated that the reporting officer observed the client's vehicle "swerve over white line hitting the shoulder. Vehicle then changed lanes from left to right, twice without signaling. Vehicle got onto the M-24 interchange. I observed vehicle cross over white line to left, and then exit onto N.B. I-75. Vehicle then crossed the white lines to right twice on N.B.-75"

The report further indicated that driver had a strong odor of intoxicants, bloodshot eyes, and slightly slurred speech. The officer administered six field sobriety "tests", including the alphabet, counting backwards, horizontal gaze nystagmus (HGN), "standing Romberg" (also known as the modified position of attention test) the heel-to-toe, and the one-leg stand. The driver hesitated on the first try for the alphabet, and missed the letter "m". He did complete the number count, but the HGN indicated jerking eyes at maximum deviation, and prior to 45 degrees (supposedly this indicates intoxication). The driver could not successfully complete the other tests, lost his balance several times, was hopping on one leg, and could not touch heel-to-toe. The report also indicated relative to his balance that the client was staggering and swaying.

The case did proceed to trial, and through the voir dire process we believed we were able to obtain a jury that was favorably predisposed to the defendant. During this process of jury selection we were also able to point out some of the weaknesses in the prosecution's case. The case was scheduled to continue a few days later, and just before the arresting officer was set to take the stand, the prosecutor offered to dismiss the charges, and instead to allow the client to admit responsibility to the civil infraction of careless driving. The Court accepted the plea, and dismissed the OUIL 2nd Offense.

Call Today! FREE Consultation Lawyer and Receive Immediate Attention for Your Criminal Law Case Patrick T. Barone is a Michigan Super Lawyer, who has maintained continuous top attorney ratings since 2007. In addition, the Michigan native is the author of multiple books on OWI, DUI and criminal law. The OUIL attorney near me has lectured at over 80 legal seminars all over America. He leads Barone Defense Firm in providing aggressive legal warriors for each client's criminal case.

Contact us 24 hours a day at our law firm’s easy to remember toll-free number, 1-877-ALL-MICH or 877-255-6424, for a free criminal case review. The Michigan attorneys near me at Barone Defense Firm travel the entire Great Lakes State, to help citizens in legal trouble in Michigan for alleged criminal law violations.

For your FREE lawyer consultation, call today to learn how to protect yourself from a possible unwarranted conviction. What do you have to lose, when the free legal advice with our litigation team’s criminal lawyers near me can answer many tough questions?

Client Reviews
Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.