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People vs. S.M.

Charge: Criminal OWI
Court: 36th District Court – Detroit, Michigan

S.M. was arrested and charged with the criminal OWI. The Detroit Michigan Police report/warrant request indicated as follows:

"Crew observed above subject drive over curb through vacant lot to avoid traffic at Fourth and Grand River. Upon investigation subject smelled of intoxicants and had bloodshot dilated eyes. Subject was asked to rear of vehicle to preform series of field sobriety evaluations. Subject passed ABC°s, failed counting backwards from 100-88 & failed One-Legged Stand. Subject was offered PBT with a result of .12.". The evidentiary breath test registered two results of .12 each.

As a result of the above investigation, our client was charged with the criminal misdemeanor violation of OWI. We set the criminal matter for jury trial. On the day of the trial, the arresting officer was present, but the officer who administered the breath test failed to appear, and was not present. We moved to dismiss on these grounds.

The prosecutor originally argued to the Court that she could move forward at the trial on the common law theory of "Operating While Under the Influence of Liquor". We responded that by not calling the breath test officer we were effectively precluded our right of cross-examination, and cited to the Court the brand new case of Crawford vs. Washington, a case where the United States Supreme Court effectively expanded a criminal defendant°s right to confront and cross-examine prosecution witnesses. The prosecutor ultimately withdrew her argument, and indicated to the Court that she was not ready to proceed. The Court then agreed with our arguments, and dismissed the case.

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.