Super Lawyers
Justia Lawyer Rating
Best Lawyers
The Best Lawyers in America
Avvo Clients' Choice
Avvo Rating 10.0
National College for DUI Defense
National Collage for DUI Defense
American Council Of Second Amendment Lawyers

In the Matter of: R.W.

Court: DLAD Southfield
Charge: OWI

The police report in this case indicates that the reporting officer received a radio run to a particular Michigan Neighborhood (in the area or jurisdiction of the Novi District Court) because a resident had heard a crash. When the Oakland County Deputy Sheriff arrived he observed a fluid trail leading to R.W.'s address. He also observed R.W. walking in the street in the same general area.

R.W. was placed into the Deputy's car, and driven a short distance back to his home. There, the Deputy continued his investigation, and found that the jeep parked in his driveway had visible body damage, and that the airbag had deployed. There was a bottle of C&C whiskey in the car, as well as the owner's watch. The Deputy also found the keys to the car in R.W.'s pocket.

R.W. also was observed to have "strong odor of intoxicants, dilated pupils and slurred speech, as well as minor injuries on his wrist and forehead". A roadside breath test indicated a BrAC of .174. The evidentiary breath test was refused, and a search warrant for blood was obtained. The blood test result came back at .14. It was also determined that the driver had been involved in another accident the same evening where he'd driven off the road, and collided with a fence and two other cars, doing significant damage to everything he struck. After completing his investigation, the Deputy charged our client with a violation of Michigan's implied consent statute, as well as Operating While Intoxicated (OWI).

After being retained, we immediately demanded a hearing (appeal) on the alleged violation of Michigan's implied consent law. At the hearing, the arresting officer testified consistent with the above stated facts, and added that he'd read our client his implied consent "chemical test" rights. We cross-examined the officer, but presented no witnesses of our own. At the conclusion of the hearing we argued that the Deputy had not meet his burden of proof relative to the chemical test rights because he did not testify specifically what rights were read, and did not otherwise identify the state form that he read from, making it improper for the hearing officer to take "judicial notice" of the rights. The hearing officer agreed with our arguments, and granted our appeal, thereby dismissing the case. CASE DISMISSED.

As a result of wining this case the client's license was not suspended for one year, and no other penalties were imposed for this violation.

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.