Thursday, July 29, 2010

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collateral consequences

Home State Driver License Sanctions for Michigan DUI

May 14, 2010

If you are an out-of-state driver accused or convicted of a Michigan DUI, understanding what driver license sanctions might apply can be a tricky business.  There is a second question you may have after a Michigan DUI conviction, which is “when will the driver license sanctions be applied?” Because of our federalist system, Michigan can [...]

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A Michigan DUI Conviction Can Cause Job Loss

February 27, 2010

When Michigan drivers are arrested for DUI (drunk driving), the first thing that goes through their mind isn’t “I wonder how much my fines will be for this”? Instead, it’s more along the lines of “What will my spouse and children think of me after this?” and “What will my boss have to say? Do [...]

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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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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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Treatment is Important for Those Accused of Drunk Driving

September 2, 2009

Clients sometimes wonder why we stress treatment as much as we do at the Barone Defense Firm.  There are two reasons for this and both are described below.   The first reason is that  we’ve seen firsthand how much our clients lives have improved after becoming sober, and as a Firm we all get a great deal of [...]

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Car Insurance and Car Rental after a Michigan Drunk Driving or DUI Conviction

August 26, 2009

Many of our clients faced with the reality of an Operating While Intoxicated (OWI) conviction have a substantial concern about the effect that a conviction will have on their auto insurance rates, and their ability to rent an automobile.  The purpose of this memo is to address those concerns as much as possible and provide [...]

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Reckless Plea Saves Drunk Driving Client’s CDL and Job

August 19, 2009

This case involved a client with a CDL (commercial driver’s license) charged with OWI (operating while intoxicated) in Michigan.  Due to a 2005 change in Michigan’s drunk driving laws, a conviction to drunk driving (including both OWI and OWVI) would result in a one-year suspension of the driver’s CDL.  This suspension occurs even if the [...]

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Oakland County Prosecutor Makes Drunk Drivers Pay Costs of Prosecution

July 25, 2009

At sentencing, the Oakland County Prosecuting Attorney is now asking the judge to order the defendant to pay the “costs of prosecution.”  This is one way, along with forfeiture in drunk driving cases, that Oakland County’s newest prosecutor hopes to help ease the department’s budget crises.  The idea however has many detractors, including the majority of [...]

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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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Oakland County to Seek Vehicle Forfeiture in Repeat Drunk Driving Cases

June 16, 2009

The Sunday Oakland Press reported that recently elected Oakland County Prosecuting Attorney Jessica Cooper has announced a new vehicle forfeiture program for Michigan drivers accused of repeat drunk driving.  First offenders accused of drunk driving causing death will also be included in the program. There are many potential problems with this program and first among [...]

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Casino Workers Shouldn’t Gamble with Drunk Driving

June 7, 2009

[This article was originally published in SADO Criminal Defense Newsletter/DUI Defense Column, Vol. 31, No. 10, July, 2008.  All rights reserved]. Michigan currently has at least 21 casinos spread throughout the state, and just this year Michigan’s House rejected legislation that would have allowed 2 additional Indian casinos that were proposed for Romulus and Port [...]

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