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Implied Consent Case Dismissed!

Implied Consent

Livonia Driver Assessment and Appeal Division

Client was charged with high BAC OWI and was separately charged with a violation of the implied consent law. If found responsible for the implied consent violation, client's license would be suspended for one year. The following is a description of the administrative law hearing relative to the alleged implied consent violation. The hearing took place in Livonia Michigan.

Client was driving through speed trap on University Road in Rochester Hills Michigan, in the general area east of the Hospital. This is a 25 mile per hour zone. Officer was sitting stationary and sees client drive by him. Report indicates client was traveling "faster than speed limit." Also, that when he caught up to her, she had no license plate lights and accelerated rapidly from a stoplight. Client was administered horizontal gaze nystagmus, alphabet, counting backwards, walk and turn and one leg stand. Officer testified that she failed all of them, was arrested, and then refused the test after her chemical test rights were read. After the officer completed his testimony, the driver assessment and appeal division (DAAD) Hearing Officer, based on his duty to help unrepresented parties, questioned the officer at length about his administration of the field sobriety tests. The DAAD Hearing Officer did not question the police officer about the chemical test rights. The case was then turned over to us for cross-examination and argument. Because the officer had failed to state from what form, if any, he read the chemical test rights, and because he also failed to further elucidate exactly what rights were read, we waived cross-examination, and argued that the officer had failed to meet his burden of proof relative to issue 3, (of four standard issues) which pertains to the reading of the chemical test rights. The Hearing Officer agreed with our argument, and dismissed the implied consent suspension. This victory meant that client's license would not be suspended for one year, and in fact, the client suffered no consequence whatsoever from refusing to submit to the breath test. It was as if it never happened.

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.