Thursday, July 29, 2010

From the category archives:

Drunk Driving Attorney’s Page

Is Winning the DUI Good or Bad for Recovery?

February 2, 2010

Assume you are representing a DUI client with a chemical testing suggesting that the client had high bodily alcohol content (BAC) at the time of the driving. Assume further that the client has two or three prior DUI convictions, all of which are very old.  In speaking with the client it appears that he may [...]

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Can DUI Lawyers Really Help Their Client’s Addiction?

February 1, 2010

I suppose the answer to this question depends in part on what one thinks is the central role of the DUI defense lawyer?  I think the vast majority of those asked, lawyers and clients alike, would answer the question this way: the purpose of the DUI defense lawyer is to help the client with their [...]

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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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Tips for Using an Expert Witness in Your DUI Case

January 7, 2010

  After deciding which DUI lawyer to retain the next most important decision you will make is whether or not to use one or more expert witnesses.  Just like a DUI defense lawyer, if you pick the wrong expert you might just lose an otherwise winnable case.  So, why are experts so important?  Expert witnesses [...]

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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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Violation of Breath Testing Adminstrative Rules Might Lead to Suppression of Results

December 1, 2009

The Michigan administrative rules for breath testing require that the breath test operator in a drunk driving case observe the suspect continuously for 15 minutes prior to administering the breath test. The reason the 15 minute rule exists is because it takes about 15 minutes for mouth alcohol to evaporate.  If mouth alcohol exists then [...]

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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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Prosecutors Find Operating Under Influence of Drugs Cases Difficult to Prove

November 25, 2009

In Michigan more people are prosecuted each year for the charge of operating under the influence of drugs.  These charges continue to be difficult for prosecutors to prove.  This is because unlike alcohol, there are no legal limits for drugs. In Michigan, there are two ways to prove the charge of OWI – Drugs.  The [...]

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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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DUI Blood Testing by Gas Chromatography

November 12, 2009

Chapter Two of Defending Drinking Drivers (Barone/James Publishing) covers chemical testing. This chapter has been nearly completely re-written for the 2010 update.  A portion of the newly updated section on gas chromatography follows: The process of gas chromatography involves the use of an instrument called a gas chromatograph (GC) to separate and analyze compounds that [...]

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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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Why DUI Defense Experts are Feared by the State

October 18, 2009

Those who are in power have always loathed and feared others who have the ability to challenge them philosophically or scientifically. Jesus is an early historical example of this idea. He was openly critical of Palestine’s Roman rulers and accused the ruling class of hypocrisy and injustice.  To the ruling class Jesus was a pariah.  For [...]

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