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People vs. R.C.P.

Court: 44th District Court Royal Oak, Michigan
Charge: Drink and drive

Client was stopped by Michigan State Trooper J. Huggins after leaving a bar in Royal Oak. The Trooper observed the subject vehicle (a motorcycle) speeding, and passing other cars. The passenger was observed swinging her hands in the air while riding on the rear.

Upon contact, the narrative police report indicates that both riders smelled of intoxicants, had reddish eyes and unsteady balance. There was an admission to drinking six beers. The balance was unsteady, and the driver swayed as he exited the vehicle.

The driver refused the one-leg stand, but was positive for all six visual clues on the horizontal nystagmus test. He also failed to touch heel-to-toe on one step in each direction, and counted 10 steps rather than 9 as directed. He was arrested for drunk driving, and his blood was drawn. The blood test showed an alcohol level of 0.10.

All of the pretrial procedures were handled by another attorney, and this office was brought in as the trial attorney. Our goal was to show that there was little observable evidence of intoxication, and to show that there was a reasonable doubt as to the reliability of the blood test result. Consequently, we insisted that all the persons who handled the blood testify at the trial.

On the day of trial the prosecutor was unable to produce the lab tech that tested the blood at the Michigan State Lab. Consequently, we were able to negotiate a reduction to the charge of reckless driving. The result was a 6 month period of probation, 6 pts on the driving record, and a 90 day suspended license. This result was far better than could be obtained in any other way than a not-guilty verdict at trial. On the other hand, if the client had been found guilty at trial, the punishment imposed by the Court would have been far more severe, and the driver license would have been revoked for one year.

All though we believed that the client had an excellent case for trial, he decided that it was in his best interest, all things considered, to accept the reduction and plead guilty to the reckless driving. He was sentenced the same day.

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.