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State of Michigan vs. S.W.

Court: 52-2 District Court Clarkston, Michigan
Charge: Felony OUIL – Third Offense

The arresting Police Officer was responding to call regarding a possible OUIL. The caller had followed the suspect from a local bar. Upon approaching the driver the Officer noted an odor of intoxicants and bloodshot and glassy eyes. The driver admitted to drinking three beers and a two shots. The driver was asked to exit the vehicle to perform field sobriety "tests".

The driver was able to recite the "ABC's" correctly, but could not follow the instructions of the Officer regarding the backwards count, the balance "test" or the finger-to-nose. He also lost his balance during the one-legged stand.

The driver was arrested for OUIL and released. Later a felony warrant was issued for his arrest because he was believed, contrary to the statute, to have two prior drinking related offenses within ten years, making it appropriate for the prosecutor to enhance the first offense to a third offense.

During the pretrial and trial preparation of the case it was discovered that the client had actually plead guilty more than ten years ago, but that the Prosecutor had improperly relied on the driving record to establish the conviction dates. The transcripts from the prior pleas were ordered, and presented to the Prosecutor, along with a recitation of the law relative to conviction and enhancement. At the preliminary examination the Prosecutor agreed to amend the charge and the client plead guilty to a first offense. He was sentenced to time served, with no fines or costs imposed. Based on the reduction it is also possible for the client to lose total driving privileges for only 30 days rather than the mandatory five years for the felony drunk driving.

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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.
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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.
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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.