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People vs. W.W.

Court: 52-2 District Court – Clarkston Michigan
Charge: Drink and drive

Result: Case Dismissed The Narrative Report of Michigan State Trooper in this case indicates that he was dispatched to an unknown accident, and that on arrival, an Oakland County Michigan Deputy Sheriff was talking to the driver who was sitting in the driver's seat. The deputy advised that when he arrived she was lying down on the front seat and was unresponsive. (The driver had driven off the road, and was between the lanes of traffic on I-75). The Deputy had to smash the rear window to awaken the driver.

The Trooper then took over the investigation. He questioned the driver, who advised that she'd driven off the road at 12:00 or 12:30 a.m. (The report notes that it was actually only 11:30 p.m.) The signs of intoxication noted in the report included bloodshot watery eyes, strong odor of intoxicants, and slurred speech. The driver also admitted drinking a "few beers" at a party in Dearborn. She was able to count backwards and recite the alphabet as instructed. However, she "failed" the nystagmus test, the walk-and-turn test, and the one-leg stand test. She also stated to the police officer that "I'm drunk". She refused the roadside breath and evidentiary breath tests, and a warrant for blood was obtained.

The blood test result came back at .18. At the jury trial, the first witness called was the Deputy Sheriff who was first on the scene of the accident. During cross-examination it was determined that this witness had prepared a narrative report, but that this report had never been provided to the defense. We immediately moved for a mistrial. After a recess wherein the parties and the Court researched the issue, the Court was called back into session. We then made a motion to dismiss. The Judge denied our motion to dismiss but did sua sponte (by the Court's own motion) declare a mistrial. This did effectively dismiss 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.