Super Lawyers
Justia Lawyer Rating
Best Lawyers
The Best Lawyers in America
Avvo Clients' Choice
Avvo Rating 10.0
National College for DUI Defense
National Collage for DUI Defense
American Council Of Second Amendment Lawyers

People vs. W.G.

Charge: OWI 1st
Court: 52-3 Rochester District Court

In this particular case our client was stopped for speeding in north Oakland County Michigan. The police report indicates that "officer while speaking with W.G. could smell the strong odor of intoxicants coming from the vehicle. W.G. admitted drinking 3 beers. The odor of intoxicants was also strong from W.G.°s breath."

The officer asked W.G. to step from the vehicle, and asked him to perform the "ABC°s", which he "read with hesitation". He was able to count backwards normally, and was also able to perform the heel-to-toe test normally. However, it was also noted that he had bloodshot glassy eyes and a red face. W.G. refused the roadside breath test. He was arrested and taken to the station where a breath test was administered. The breath test result was .12 and .11.

Immediately after being retained we obtained the videotapes and police reports. It was evident from a review of these things that the officer did not have probable cause to arrest our client, and we therefore filed a motion to dismiss. At the hearing the officer attempted to supplement his report to add further evidence of intoxication. We thoroughly cross-examined him, and also asked the Judge to simply review the tape, knowing that this would bring out the inconsistencies in the officer°s testimony.

At the conclusion of the hearing, the Judge took the matter "under advisement" and set the matter for a decision on a later date. On the date of the next hearing, the Judge read into the record her findings of fact, and ultimately agreed that the officer did not have probable cause to arrest. The order of the court therefore suppressed all information gathered after the stop, including all of the observation evidence and the breath test results, effectively DISMISSING THE CASE.

Result: Case Dismissed
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.