Thursday, July 29, 2010

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blood testing

Michigan Now More Tolerant to Operating Under Influence of Marijuana

June 11, 2010

There are four ways for a prosecutor in Michigan to prove that you were drunk driving or “OWI” (operating while intoxicated).  Two of them involve alcohol (OUIL/UBAL) and two of them involve drugs (OUID/OWPD). To show that a person was OWI due to OWPD (operating with presence of drugs), a prosecutor must only show that [...]

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Schumer Says Technology Will End Drunk Driving

June 4, 2010

Always a glutton for media attention, U.S. Senator Charles “Chuck” Ellis Schumer has involved himself in such controversial and well-covered issues as immigration reform and universal voter registration. Schumer’s latest quest for the media lime-light includes his push for legislation “to boost alcohol-detection technology in cars, which he said could greatly reduce drunk driving — [...]

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Blood Tests in DUI Cases Not Always Accurate

May 26, 2010

Many Michigan DUI lawyers see blood tests as nearly impossible to defend.  This may be due to a lack of knowledge on their part, or it may be due to a belief that jurors see blood tests as irrefutable.  Regardless of the basis this belief is simply not true.  Armed with the right knowledge, blood [...]

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Medical Marijuana and OWI in Michigan

May 1, 2010

If you’ve been arrested in Michigan for OWI and the charge is based on your use of marijuana, you may be wondering if Michigan’s Medical Marijuana Act applies to your case.  The answer is almost certainly “yes,” but before you can understand this answer, you will need to understand a few things about Michigan’s OWI [...]

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DUI Suspects Required to Take Blood Tests

April 13, 2010

Police departments across the United States are beginning to mandate that those suspected of driving under the influence (DUI) take an automatic blood test to determine their blood alcohol content (BAC).  This is contrary to the traditional and widely used breathalyzer test.  Currently, Michigan uses the DataMaster to test DUI suspect’s breath, and blood is [...]

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How to Argue and Win Your Next OWI Trial

February 9, 2010

Every DUI lawyer knows that winning OWI trials requires persuading juries to disregard  a breath or blood test.  But disregarding does not mean ignoring.  For this reason one of the first questions a DUI lawyer will ask his prospective client is: what did you blow? Certainly this is a legitimate question for the DUI lawyer [...]

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How to Use Software to Win DUI Cases

February 3, 2010

Any DUI lawyer who has handled more than a couple dozen Michigan drunk driving cases knows that it is important to know how much alcohol was consumed and how this amount of alcohol impacted his client’s blood alcohol level at the time he or she was driving. But the driver’s roadside breath test is inadmissible, [...]

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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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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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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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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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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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Blood Testing for Drugs Using Mass Spectrometry (GC/MS)

October 8, 2009

The number of blood tests being conducted in Michigan has expanded manifold in recent years.  In fact, in the six year period between 1994 and 2000 the number of blood tests for drugs in Michigan increased from 859 to 2346.  This number has probably at least doubled again during the last nine years. One reason [...]

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