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People vs. MJB

Court: DLAD – Southfield
Hearing Officer Merian

The client was arrested for OUIL and since he refused the breath test, was also charged with the civil matter of "implied consent". [Additionally, during the subsequent investigation of the case it was found that the client had at least two prior convictions within the appropriate time period so he was ultimately charged with the felony OUIL 3rd Offense]. After meeting with the client we immediately filed an appeal of the implied consent matter, thereby demanding a hearing with the Secretary of State's Driver License Appeal Division.

At the hearing the arresting officer testified that he observed the suspect's car speeding, crossing over the center line, and traveling eastbound in a northbound. He stated that for these reasons he effectuated a traffic stop. The officer stated that upon contacting the driver he noticed a smell of intoxicants and that he slurred his speech. The driver was given several field sobriety tests which he failed. He also refused the preliminary breath test. The Officer testified that he arrested the client for OUIL and advised him of the chemical test rights. The Officer indicated that he had offered a breath test, but that this was refused, so a warrant was obtained to draw blood. The blood was drawn at a nearby hospital.

At the close of testimony we argued that the Officer had not met his burden of proof relative to the chemical test rights because he never testified what form he read from, and did not produce any form nor admit any form into evidence. The hearing officer found in a written opinion that the officer had failed to prove by a preponderance of evidence issue four, i.e., whether petitioner was advised of the chemical test rights under section 625a(6) of the Michigan Vehicle Code.

Consequently, the client did not lose his license as a result of refusing the breath test, nor were 6 points added to his driver license. Instead he remained driving on the "625g permit" (paper license).

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.