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In the Matter of: E. M.

Court: DLAD Southfield
Case: Implied Consent Appeal

The police report in this case indicated that the driver was observed "slumped over the steering wheel blocking a moving lane of traffic. The officer knocked on the window to awaken the driver, and an open 12 oz. can of Bud light beer was observed in a cup holder of the car.

The driver was asked to stop out of the car, and the officer noticed a "strong odor of intoxicants". The driver was asked to count from one to ten. The driver started at the number "1" but could not continue. The officer also observed that his eyes were "bloodshot red, he had slurred speech and was unaware of (his) surroundings at current time"

At the station, the driver refused to take a breath test to determine his alcohol level. Consequently, he was charged with a violation of Michigan's "Implied Consent" law, meaning that unless he appealed and won, his license would be suspended for a period of one year, and six points would be added to his driving record.

Immediately after the client retained our office, we filed with the DLAD a demand for a hearing, and indicated in the demand that we wished to contest all four administrative issues. These are (1) the propriety of the stop; (2) the propriety of the arrest; (3) whether or not the chemical test rights were read as required by law, and; (4) whether or not the driver "reasonably refused" the chemical test.

At the hearing, the officer who read the driver his chemical test rights and attempted to administer the breath test was present, but the officer that handled the stop and arrest was not. We made a motion to dismiss on the grounds that the officer who was present would not be able to meet his burden of proof relative to issues one and two above without relying on hearsay evidence. The hearing officer agreed, granted the appeal, and dismissed the implied consent charge.

This was a nice victory for the client because it allowed him to avoid the mandatory 1 year suspension of his driving privilege. Additionally, no points were added to his record as a result of this matter.

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.