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People vs. T. H.

Court: 72nd District Court – Lapeer

In this Operating Under the Influence – Second Offense, our client was observed by the arresting police officer driving in a market place parking lot with its lights out. The vehicle then put its lights on stopped again, and turned off its lights. The arresting officer then approached the vehicle, and noticed that the driver "pretended to be asleep" when he knocked on the window. The driver "initially denied driving, then later stated that he did wrong". The driver smelled strongly of alcohol, and could not produce a driver license. It also appeared that he had urinated on himself.

During the field exercises, the driver was asked to say the alphabet. He started with A, went to N then said M again. The subject's speech was slow and deliberate. In counting backwards 27 to 19, the driver began counting at 27, went through to the number 23, then stated 22, then stated 23, 21,20,19,18,17. The speech was also slurred during this task. When asked to pick a number between 14 and 12, the driver laughed and stated "15". Nystagmus was observed, he could not stand on one leg, and could not walk a straight line correctly, his balance being very poor during these tasks. He was arrested for OUIL 2nd offense, and had a breath alcohol result of .22

At the first pretrial we advised that we would be filing a motion to dismiss arguing that the prosecutor could not prove the element of operation. An evidentiary hearing was conducted, and the arresting officer testified in a way that was substantially similar to the police report (indicated above). At the conclusion of the hearing, the Court indicated it would issue a written opinion. About one week later we received the Opinion, which relied on the case law we cited in our brief. The Court granted our motion.

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.