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People vs. E. H.

Court: 41B District Court

Here the client was stopped because his "right headlight was not activated". The narrative report indicates that upon contact with the driver, the officer asked for his driver license, registration and proof of insurance. The driver was "acting nervous smoking a cigarette very quickly and did not realize his cigarette was dropping ash down the front of his shirt. The driver fumbled through his papers to produce the registration and proof insurance, then had to be reminded to produce the driver license. His eyes were bloodshot and glassy, and there was an odor of intoxicants noted".

The driver was asked to exit the vehicle to perform some field sobriety tasks. He was unable to follow the instructions regarding the number count, and could not balance on one leg, at one point losing his balance. He also could not perform the walk-and-turn task. The driver then took a PBT, which registered at .178.

Back at the station the driver refused to take the evidentiary breath test, and was therefore charged with OUIL and Implied Consent. The officer did not seek to obtain a warrant for blood.

At the DLAD hearing for the implied consent violation, the officer failed to appear, so the matter was dismissed. Consequently, the client's license was NOT suspended for six months, and six points were not added to his driving record.

Regarding the criminal matter, the Prosecutor refused to offer a reduction because it was the client's second offense within seven years. We set the case for trial, and later selected a jury to hear the case. The trial was then scheduled several weeks later. When we appeared for trial the Prosecutor indicated that she did not have one of her witnesses, specifically, the witness that handled the attempted administration of the evidentiary breath test. We would not stipulate to his testimony, and subsequently objected to the Prosecutor's motion to adjourn the trial. We countered with our own motion to dismiss, which was granted. DISMISSED.

Result: Case Dismissed

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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.
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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.
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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.