Thursday, July 29, 2010

From the category archives:

Drunk Driving “In the News”

Michigan’s Million Dollar DMT DUI Debacle

February 7, 2010

For almost a year Michigan’s DUI lawyers have been waiting for the lastest and greatest breath test machine, the DataMaster DMT, to be rolled out in Michigan.  Although Millions have been appropriated to purchase the DMT in Michigan, the new breath testing machine has still not been put into service.  And Michigan’s DUI lawyers are [...]

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Upcoming DUI Seminars

January 24, 2010

The following is a list of upcoming DUI and drunk driving related seminars: 11th Annual Michigan Association of Drug Court Professionals (MADCP).  February 2, 3 2010. This seminar is in cooperation with the Michigan Judicial Institute (MJI).  This two-day conference is specifically designed to meet the educational needs of circuit, district, family, and probate court [...]

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Virtual Work Release Not Available for Felony Drunk Drivers

January 11, 2010

Is Virtual Work Release Jail? According to Judge Mark Goldsmith, Oakland County’s new Virtual Work Release (hereafter “VWR”) is not available for felony drunk drivers.  Judge Goldsmith recently made this ruling from the bench after reviewing the defendant’s brief and the arguments of the defense attorney Patrick T. Barone and assistant prosecuting attorney Craig Pavlock.     [...]

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Woman Apparently Drives With .708 Blood Alcohol Content

December 30, 2009

A woman from South Dakota was apparently driving with a BAC of .708.  While possible, it’s more likely that the test is wrong.  We may never know the truth of this case because the report that appeared in the December 28, 2009 Rapid City Journal does not indicate if this blood test was whole or [...]

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Barone Defense Firm Earns Another Not Guilty!

December 28, 2009

Barone Defense Firm Senior Trial Attorney Michael Boyle inaugurated the new 63rd (2nd division) encompassing the cities of E. Grand Rapids, Lowell and the Townships of Grand Rapids, Ada, Cascade, Vergennes, Lowell, Bryon, Gaines, Caledonia and Bowne) with its first not guilty verdict on December 21, 2009. The facts of the case were as follows: [...]

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Oakland County’s New Virtual Work Release to Begin Early in 2010

December 28, 2009

The Oakland County Sheriff’s Office is scheduled to implement a new “virtual” work release program by early February, 2010. Virtual work release will consist of an ankle tether using a satellite and radio global positioning system (GPS) monitored by the Oakland County Sheriff. It will give the Sheriff’s Office the ability to carefully track an [...]

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United States Tax Law Encourages Drunk Driving

December 16, 2009

Depending on the facts of your case, it may indeed be possible to drive drunk, damage your car and then write the whole thing off on your tax return.   The caption for the interesting and unusual case that stands for this proposition is: JUSTIN M. ROHRS, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 14109-08S. [...]

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What do Global Warming and Drunk Driving Defense Have in Common?

December 1, 2009

Answer: Scientists involved in the prosecution of drunk and drugged driving and global warming both use science and scientific principles to make their case.  Some also believe that both misuse science and hide the truth in order to mislead the public. Regarding global warming this point is made in an article entitled Secrecy in science is a [...]

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Hospital Bans DUI Blood Tests

November 18, 2009

In Michigan nearly all blood testing is done by one central lab run by the Michigan State Police.  This “whole blood” testing is performed at the State Lab using a process called headspace gas chromatography (GC). Rarely in Michigan do DUI lawyers see non-whole blood or “serum” testing.  If serum testing is performed in Michigan, [...]

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Drunk Driving Traffic Stops and Interlocks

October 22, 2009

As originally conceived the United States Supreme Court was intended to be a final check on the police power.   And to a lesser extent, so it is with all judges, who collectively form one of our three branches of government. The central goal behind the idea of having three branches of government is that a [...]

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Will Technology End Drunk Driving?

October 17, 2009

As fast as technology has moved in the past 20 years it’s a wonder it’s even possible to drive drunk today. One would think that governments everywhere would have required car manufacturers to install something in cars that would disable them if the driver was drunk. The problem is that this is not such an [...]

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Fraudulent Breath Tests Lead to As Many as 4000 Wrongful Drunk Driving Convictions

October 12, 2009

The lynchpin of Michigan drunk driving prosecution is a reliable breath testing program.  Prosecutors have big problems when this reliability is legitimately called into question. This is exactly what has happened recently in Texas where it is reported that between 1200 and 4000 breath tests were fraudulently verified. According to the Huston Chronicle a Department [...]

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Thousands of Breath Tests Improperly Admitted in Michigan DUI Trials

October 7, 2009

In a Michigan drunk driving case it is typical for the breath test results to be entered into evidence based solely on the testimony of the breath test operator.  The precedent “foundation” for the admission of the breath test results usually includes only the admission of the simulator logs.  According to Michigan’s administrative rules governing breath [...]

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U.S. Tourists with DUI Convictions Cannot Enter Canada

September 21, 2009

According to The Daily News and the Seattle Times - United States Citizens with drunk driving convictions will be denied entry into Canada. This practice has expanded post-9/11 because the U.S. and Canada now do a better job sharing computer information. Like Seattle, Detroit is very close to Canada, and because of this we at the Barone [...]

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SCRAM Bracelet Falsely Triggered by Hairspray

September 16, 2009

On September 10, 2009 it was reported by the Northwest Florida Daily News that the SCRAM bracelet worn by a 17 year old girl was triggered by hairspray creating a false positive. Apparently the young woman was working in a hair salon and her exposure to the spray caused the SCRAM bracelet she was wearing [...]

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