Super Lawyers
Justia Lawyer Rating
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
Avvo Clients Choice Award
Avvo Rating
Trial Lawyers University
Best Lawyers
James Publishing Author
Super Lawyers
Trial Lawyers College

Secretary of State vs G.B.

Court: DLAD in Flint
Charge: Drink and drive

The Client in this case had refused to take the breath test, and was therefore charged with the civil implied consent violation. Our office demanded a hearing which was held at the Driver License Appeal Division of the Secretary of State located in Flint Michigan. At the hearing the arresting Officer testified that he paced the Client's vehicle, a Porsche, traveling 45 mph and 60 mph in a 35 mph zone. The Client swerved to the center lane, swerved to the left side again, and drove over the yellow line. The Officer also observed the Client's vehicle change lanes without signaling. The Officer noticed a moderate smell of intoxicants and he admitted to drinking two glasses of wine. The Client attempted the alphabet 3 times, on the first two tries he repeated A to S and then from L to S; on the third try he was able to complete the alphabet quite rapidly. The Client counted from 88 to 73, when asked to count from 88 to 75. On the walk-and-turn the Client could not walk heal to toe. He also could not stand on one leg for more than 2 seconds although asked to do so for 10 minutes. The Officer testified that he read the Client his chemical test rights "from the form".

The Client testified that he repeatedly requested to speak with an attorney, but was never allowed to do so. He also noticed a sign in the booking room indicating that there had been some mistakes on the breath testing log, and this made him skeptical that the breath testing machine was operating properly.

We argued that Michigan case law provided for a right to contact an attorney before deciding to submit to the breath test. This was particularly important in this case because the Client had good reason to believe there might be a problem with the breath testing equipment. It was also argued that the Officer had not met his burden of proof relative to the chemical test rights because he never testified what form he read from, and did not produce any form or admit any form into evidence.

The Hearing Officer found that there was a reasonable refusal in this case, and dismissed the implied consent violation. Consequently, the mandatory 6-month license suspension and 6 points on the driving record were not imposed.

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.