Thousands of Breath Tests Improperly Admitted in Michigan DUI Trials

by baronedefensefirm on October 7, 2009


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– who has written 204 posts on Michigan Drunk Driving Law Firm.

Patrick T. Barone is the author on two books on DUI defense including the well respected two volume treatise Defending Drinking Drivers (James Publishing), and The DUI Book – A Citizen’s Guide to Understanding DUI Litigation in America. He is also the author of a monthly DUI defense column for the Criminal Defense Newsletter, published by Michigan’s State Appellate Defender’s Office. Mr. Barone is an adjunct professor at the Thomas M. Cooley Law School where he teaches Drunk Driving Law and Practice. He is also on the faculty of the Criminal Defense Attorney’s of Michigan’s Trial Lawyer’s College where he provides trial skills training to Michigan’s criminal defense practitioners. Mr. Barone lectures nationally on various DUI defense topics, and he has appeared in newspapers, on television and on radio as a drunk driving defense expert. Mr. Barone has been certified as an instructor and practitioner of the Standardized Field Sobriety Tests and has also attended a 24-hour certification course at National Patent Analytical Corporation (the manufacturer of the DataMaster) and has thereby been deemed competent by the manufacturer to operate, perform essential diagnostic verifications and calibration checks on the DataMaster. Mr. Barone is a Sustaining Member of College for DUI Defense. Mr. Barone is the principal and founding member of The Barone Defense Firm, whose practice is limited exclusively to defending drinking drivers. The Firm is headquartered in Birmingham, Michigan.

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{ 2 comments… read them below or add one }

Mass. DUI Lawyer December 13, 2009 at 3:04 am

I am waiting to see if courts will require live testimony in DUI cases where the prosecution attempts to introduce breathalyzer calibration certificates. In Massachusetts, for example, breathalyzers must be certified annually and tested periodically. This is usually proven through the introduction of a certificate from the Office of Alcohol Testing of the State Police Crime Lab. The prosecution may now be required to have the chemist who performed the calibration and testing appear in court and be subject to cross-examination.

I believe that these records do not fall within the “business record” exception to the hearsay rule because they are not maintained for police business. Instead, these records are created and maintained for the sole purpose of proving the accuracy of breathalyzer results at DUI trials.

Brian E. Simoneau, Esq.“ target=”_blank”>Massachusetts DUI Lawyer


pbarone December 13, 2009 at 3:30 am

Re: Michigan DUI Help – New comment requires moderation on: Thousands of Breath Tests Improperly Admitted in Michigan DUI Trials



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