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breath test defenses

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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In DUI Breath Testing a “Long Blow” Can Falsely Raise Result

September 20, 2009

You’ve just been arrested for drunk driving and the police officer asks you to blow “long and steady into the machine until told to stop.” Why did the drunk driving task force officer use that peculiar language?  Well, it may just be that the officer is trying to justify his decision to arrest you for [...]

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Five Reasons Retrograde Extrapolation Should Not Be Allowed In DUI Cases

September 18, 2009

I have written previously in this blog about the unreliability of retrograde extrapolation in drunk driving cases.   This is an important topic because state experts in drunk driving cases often will come into court and try to convince the jury that the driver’s blood alcohol at the time of the driving was higher than at [...]

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GERD Can Falsely Raise Breath Test Results

September 14, 2009

It is possible for a person arrested for drunk driving who is suffering from GERD to have a breath test result that is way too high.  So what does ”way too high” really mean?  It’s impossible to say, but with GERD the breath test result could be as much as 100% too high.  It is more likely however that the breath test result is [...]

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Bubba Head’s Ten Commandments For Ethically and Effectively Representing DUI Clients at Trial

August 26, 2009

How to be Sure the DUI Attorney You Hire to Handle Your Pending Drunk Driving Case will Provide the Best Possible Representation:              Many attorneys that handle drunk driving cases don’t have sufficient training to appropriately represent their clients, while others simply don’t have the desire to do so.  When considering what attorney or law [...]

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Barone Appointed to BAC Tracker Faculty Advisory Board

August 18, 2009

The Barone Defense Firm is pleased to announce that Patrick T. Barone has been appointed to the Faculty Advisory Board for the BAC Tracker software.  He is one of only two attorneys nationally to receive this prestigious appointment. BAC Tracker software continues to gain an excellent reputation as an indispensable tool in litigation involving the [...]

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Barone Obtains Three Careless Driving Pleas in Two Weeks!

August 18, 2009

Case One: People v. K.E. Charge: OWI (Operating While Intoxicated) Prior Record: One prior drunk driving in Illinois Client was stopped for speeding 10-15 MPH over the limit by a Michigan state trooper.  The report indicates she was slow to pull over. She admited to drinking beer had the odor of alcohol, bloodshot glassy eyes and slurred [...]

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Michigan’s First Melendez Diaz Motion?

August 6, 2009

I rarely write about war stories, but thought this one might be a good one to relate on this blog. First some background. In some courts in Michigan a jury in a drunk driving case is picked one day and subsequently a trial date is set. The trial date may be several weeks later. It’s also very typical [...]

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Lack of Witnesses Makes Breath Tests Inadmissible

July 31, 2009

 Prior articles on WinBackYourLife.org have discussed the significance of the recent USSC case of Melendez-Diaz.  These articles have discussed how the Supreme Court’s ruling in this case will make it more difficult for prosecutors to gain convictions in drunk driving cases through the use of breath or blood test results.   A recent article on [...]

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How to Beat a Michigan Drunk Driving Charge at Trial

July 17, 2009

In criminal law, and therefore in a drunk driving trial, winning simply means showing that there is a reason to doubt that the crime has been proven. Therefore, you beat the drunk driving charge at trial by showing that there is a reason to doubt: That you were drunk That you were drunk while driving [...]

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Will Ignition Interlocks End Drunk Driving?

July 9, 2009

According to a July 1, 2009 Time Magazine article entitled Coming Soon: A Breathalyzer in Every Car. [A] new highway bill pending before Congress would instruct all 50 states to require all motorists convicted of driving under the influence to equip their cars with interlock systems that shut down a vehicle when a measured amount [...]

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Michigans New Super Drunk Law

July 9, 2009

 News Release: Michigan Legislators Pass Draconian New “Super Drunk” Law  Contact:      Patrick T. Barone, Esq.  For Immediate Release Lansing, Michigan (January 9, 2009) – On December 19, 2008, Michigan Enrolled Senate Bill 1134 passed both houses of Michigan’s Legislature, and is now awaiting the Governor’s signature. Known as the “Super Drunk” bill, this legislation amends several [...]

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New Supreme Court Ruling Makes Drunk Driving Acquittals More Likely

June 25, 2009

Before today, a typical drunk driving trial in Michigan, with breath test evidence, would consist of perhaps as few as one witness.  That one witness would be the arresting officer, who would talk about everything he or she witnessed at the roadside to “validate” the arrest, and everything he or she did to collect the [...]

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Common Defenses in DUI Cases

June 25, 2009

The first thing we do when we look at a case is to determine if there are any “legal” defenses.  This inquiry asks the question “did the police violate the law?”  The next thing we do when we look at a case is determine if there are any “factual” defenses.  Factual defenses are basically trial [...]

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A Look Inside The DataMaster DMT

June 25, 2009

Few Michigan DUI defense lawyers have seen or even know about the new DataMaster DMT.  I wanted to be the first to write about how it works, and provide lots of photos.  This will help the typical Michigan DUI lawyer better represent his or her clients. Analytically, the new DataMaster DMT is the same breath [...]

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