America's Drunk Driving Defense Attorneys ™

Michigan Top DUI DWI OUIL Drunk Driving Defense Attorney Lawyer Patrick Barone

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• Michigan Attorney DUI Biography
• Sample Michigan DWI Cases
• Letters from Michigan DUI Clients
• Publications  
• Television/Media Appearances
• Advanced Michigan OUIL DUI DWI Drunk Driving Level Training

See Michigan OUIL Lawyer Patrick Barone's Video Message Here

 

Michigan OUIL DUI DWI Drunk Driving Attorney Lawyer Patrick Barone is a member of America's Top DUI & DWI AttorneysTM for a reason:

He wins Michigan DUI OUIL cases.

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Michigan Drunk Driving Defense

7 Worst Mistakes Michigan DUI Lawyers Make in Defending Drunk Driving Cases

The Top 5 Biggest Mistakes of the Michigan OUIL DUI Accused

Why I defend Michigan DUI cases

Five myths about defending accused Michigan drunk drivers

Michigan Drunk Driving DUI Defenses

Michigan Drunk Driving Cases Handled by DWI Attorney Patrick T. Barone

Court Links for Michigan DWI / OUIL / OWI Cases

Michigan DUI DWI Driver License

The 9 Most Successful Michigan DUI DWI OUIL OWI Drunk Driving Defenses  

Michigan Drivers License Records

Attorney Biography

A member of America's DUI & DWI Defense Attorneys" , Patrick T. Barone is a Michigan DUI OUIL defense attorney and principal in the Barone Defense Firm, whose practice is limited exclusively to defending the Michigan drunk driving accused. Mr. Barone has published several articles on Michigan trial practice, Michigan DUI Defense and Michigan drunk driving defense tactics, he has also lectured on Michigan DUI Defense, and has appeared on television as a Michigan drunk driving defense expert. In addition, Mr. Barone has formed a statewide Michigan DUI network and participates in a National network of other DUI practitioners in order to exchange and share information about new DUI laws, National and local trends in the law, and trial tactics. The Firm has associates throughout the State of Michigan, and they represent clients in all the DUI Courts in Lower Michigan.

The Firm also assists in successfully obtaining driving privileges after the Michigan driver's license has been revoked for multiple Michigan drunk driving convictions.

Mr. Barone is a general member of the National College for DUI defense, a member of the National Association for Criminal Defense Attorneys, The Criminal Defense Attorneys for Michigan, and the Criminal Law Section of the State Bar of Michigan. Additionally, Mr. Barone has been certified as an instructor and practitioner of the Standardized Field Sobriety Tests in accordance with the standards set forth by the International Association of Chiefs of Police (IACP) and the National Highway Traffic Safety Administration (NHTSA).

Letters from Clients

Mr. Barone brought me from an intimidated, ignorant, worm on a hook; to an educated, understanding, mistake maker. The legal system freaked me out before Mr. Barone brought it into context for me. Thanks for everything.

J.H.P.

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I can't even begin to express how grateful I am for your expedient nature and professionalism.  I am honestly at awe by it.
 
Sincerely, PMK

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Publications

Keeping Retrograde Extrapolation Out of Your Next OWI Trial, The Right To Counsel, Vol. 12, No. 3, pp 13, Fall 2005.

Understanding Modern Drunk Driving Law Enforcement, A Laymen's Primer on Standardized Field Sobriety Testing,  Michigan Beverage Institute Journal, Vol. 22, Issue 10, October 2005

Crawford Objections in DUI Cases: Paper Won't Cut it Anymore, The Right To Counsel, Vol. 10, No. 3, pp 8-11, Fall 2004.

Examining Michigan's New MIP Law,   Michigan Beverage Institute Journal , Vol. 21, Issue 9, September, 2004.

Using PowerPoint to Prove Your Point at Trial, Illinois State Bar Association's Tort Trends, Vol. 39, No. 6, June 2004.

Michigan's New .08 Law Tightens Noose Around Drinking Drivers, Michigan Beverage Institute Journal , Vol. 21, Issue 5, May 2004

Losing Blood and Liberty on America's Highways: A Case Review , Criminal Defense Newsletter, Volume 27, No. 8, May 2004.

08 and Other Changes: 2003 Changes to Michigan's Drunk Driving Laws , Michigan Bar Journal , Volume 83, No. 2, February 2004.

Understanding Quantitative Blood Alcohol Testing in Drunk Driving Cases , Michigan Bar Journal , Volume 82, No. 8, August 2003.

Lectures

Drunk Driving Defense - Standardized Field Sobriety Testing, by invitation of the Detroit/Wayne County Criminal Advocacy Program, and presented in Detroit on October 7, 2005.

Bottlenecking the Prosecution in a DUI Case: What Every Citizen Should Know if They are Pulled Over, Sponsored by the Michigan Licensed Beverage Association and presented in Kalamazoo, Michigan, on October 4, 2004.

Felony Driving Issues, Sponsored by the Detroit / Wayne County Criminal Advocacy Program , and presented in Detroit on October 10, 2003.

Defending the Drunk Driving Case with Blood Intoxication Evidence, Sponsored by Lorman Education Services, and presented in Detroit on July 25, 2003.

Television/Media Appearances

New rules on drunken driving unfair, Guest Opinion, The Oakland Press, December 18, 2005, pg. A-11

Bracelet squeals on drinkers, Device helps enforce sobriety for courts, Milwaukee Journal Sentinel, July 3, 2005

Practical Law, Cable Channel 15 : Guest Appearance to Discuss DUI Defense Tactics, June 2004

Professional Memberships & Activities

• Member of the Michigan Bar Association since 1991;
• Member of the Illinois Bar Association since 1992;
• Member of the Michigan State Bar Association's Criminal Law Section;
• General Member of the National College of DUI Defense;
• Member of National Association of Criminal Defense Lawyers;
• Served by special appointment to the Circuit Court Committee / Oakland County Bar Assn 1991 - 1999;
• Prior Roster Attorney, Michigan Appellate Assigned Counsel System, and;
• Prior Mentor, Oakland County Circuit Court Criminal Assigned Counsel System.

CALL 1-800-DIAL-DUI   (ext. 231) NOW TO DISCUSS YOUR DUI DWI DRUNK DRIVING CASE OR

Education

Juris Doctor, 1991, Detroit College of Law at Michigan State University

Clerkship: Full time position with the Honorable Richard D. Kuhn, Oakland County Circuit Court,1988-1991. Assisted the Judge and Staff Attorney in the research and analysis of cases presented for motion call and then prepared drafts of the Court's final opinions and orders; administered the Court's civil and criminal dockets; supervised junior clerk; reviewed submitted proposed orders prior to Judge's signature.

Internship: With the Honorable John N. O'Brien, Oakland County Circuit Court, summer term, 1990. Assisted Judge O'Brien in the research and analysis of a variety of legal issues and prepared pre-motion memoranda for the Court's use.

B.S. Biology, 1987 Oakland University, Rochester, MI

Advanced Level Training Programs

Defending DUI Cases: Insights from the Masters, co-sponsored by NACDL/NCDD and presented in Las Vegas Nevada 1997. (via digital audio).
 
Under the Microscope: Beating DUIs with Science, co-sponsored by NACDL/NCDD and presented in Las Vegas September 29 - October 1, 2005.

Mastering Scientific Evidence in DUI/DWI Cases, sponsored by Texas Criminal Defense Lawyer's Association and the National College for DUI Defense, Dallas, Texas, April 28 - 30, 2005 (via DVD).

National College for DUI Defense, 2004 Summer Session, July 21-24, 2004, Harvard Law School,Cambridge, MA

NHTSA/IACP Standardized Field Sobriety Testing Instructor Certification Course, Conducted on March 9-13, 2004, Atlanta Georgia.

NHTSA/IACP Standardized Field Sobriety Testing Practitioner Certification Course, Conducted on January 16-18 2004, Atlanta Georgia.

DWI Means Defend With Ingenuity, Superheroes of DUI Defense, NACDL/NCDD 2003 DUI Seminar, via audiotape.

Mastering Scientific Evidence in DUI/DWI Cases, sponsored by Headlines Marketing and the National College for DUI Defense, Atlanta, Georgia, April 10 - 12, 2003.

DWI Means Defend With Ingenuity, Skills That Win Cases: NACDL/NCDD 2002 DUI Seminar, via audiotape.

Drunk Driving Defense Update, 2001: via audiotape, sponsored by the Sponsored by Institute of Continuing Legal Education.

Criminal Procedure and Practice, 2001: via audiotape, sponsored by the Sponsored by Institute of Continuing Legal Education.

OUIL 3rd and Repeat Offender Statues After One Year: presented by the Oakland County Bar Association, November 21, 2000.

Drunk Driving Defense Update 2000: Sponsored by Institute of Continuing Legal Education, September 29, 2000.

Preserving Federal Appellate Issues at the Trial Court Level: Sponsored by Oakland County Bar Assn.,September 19, 2000.

Child Abuse Cases: Specifically Shaken Baby: Sponsored by Oakland County Bar Assn., July 18, 2000.

College on Problems of Drug Dependence, 62nd Annual Scientific Meeting, San Juan, Puerto Rico, June 17-22, 2000.

The Defense of Entrapment and the Use of Confidential Informants: Sponsored by Oakland County Bar Assn. with Judge Wendy Potts of the Oakland County Circuit Court presenting, May 15, 2000.

Sentencing Guidelines: Sponsored by Oakland County Bar Assn., December 21, 1999.

Polygraphs and Datamasters: Sponsored by Institute of Continuing Legal Education, December 3, 1999.

U.S. Supreme Court Criminal Law Update: Sponsored by Criminal Advocacy Program of Wayne County, December 3, 1999.

Legal Research using the Internet: Sponsored by the State Appellate Defender Office, November 18, 1999.

Conduct of Criminal Trials: Sponsored by Oakland County Bar Assn., November 16, 1999.

Serology and DNA Evidence: Sponsored by Criminal Advocacy Program of Wayne County, November 12, 1999.

Bring Your Case to Life for Judges and Juries: Winning Ways to Use Demonstrative Evidence: Sponsored by Criminal Advocacy Program of Wayne County, Octobers 22, 1999.

Rules of Evidence: Sponsored by Oakland County Bar Assn. with Judge Jessica R. Cooper of Oakland County Circuit Court presenting, October 19, 1999.

Handling the Waived-Juvenile Case: Sponsored by Criminal Advocacy Program of Wayne County, October 15, 1999.

1999 Drunk Driving Defense Update: via audiotape of Institute of Continuing Legal Education seminar offered October 12, 1999.

Pretrial Motions in Criminal Law: Sponsored by Oakland County Bar Assn. with Judge Steven Andrews of Oakland County Circuit Court presenting, June 15, 1999.

Preliminary Examinations: Sponsored by Oakland County Bar Assn. with Judge Brian MacKenzie of the Novi District Court presenting, April 20, 1999.

Michigan Sentencing Guidelines: Issues, Strategy and Challenges: Sponsored by Oakland County Bar Assn, November 18, 1998.

Advanced Criminal Defense Practice Conference: Traverse City, Michigan, November 6, 7, 8 1998.

1998 Drunk Driving Defense Update: Institute of Continuing Legal Education, September 11, 1998 (afternoon seminar).

Trying the Drunk Driving Case: Institute of Continuing Legal Education, September 11, 1998 (morning seminar).

Michigan Appellate Advocacy/Orientation: Sponsored by the State Appellate Defender Office, November 2, 3 1994.

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SAMPLE CASES

Bloomfield Township vs. C.H.
48th District Court
Bloomfield Hills, Michigan

Charge: One Count of OWI (Operating While Intoxicated)

This was a trial involving two blood test results of .096 and .099, or adjusted to the time of driving, approximately .11.  The roadside breath test result was .16.  The facts, as testified to by the various prosecution witnesses, were as follows:

The first witness to testify was the arresting officer, who first testified that he became a participant in the National Highway Traffic Safety Administration's Standardized Field Sobriety Test (SFST) Program in 2004.  Also, that this course offers highly specialized training in DUI detection.  He testified further that the motorist was stopped at about 9:00 p.m. after being observed traveling in his Lotus 70 mph in a 50 mph zone. After stopping the officer noticed slurred speech and a strong odor of intoxicants coming from the motorist as well as from inside the car, and also that the motorist had red eyes.  According to the officer, the motorist seemed a bit confused about where he was going and where he had been.  In speaking with the motorist, the story changed from being at work to being at home.  The motorist also first stated that he'd had nothing to drink, then admitted one drink, and finally indicated two glasses of wine with dinner.  Backup arrived, and the motorist was ordered out of his car so the officers could see "whether or not he'd had too much to drink".

The first field task administered was the alphabet, which the motorist was able to complete, albeit with slurred speech.  Next, the motorist was able to count backwards, but paused several times for several seconds each time as if trying to remember what number came next. The officer also indicated in his report that "he had a hard time remembering where to stop".

The officer then administered the HGN (Horizontal Gaze Nystagmus), and testified that he observed all three "clues".  Further, that he concluded from this test that the motorist was intoxicated.  I objected to this conclusion, and the Judge sustained. (Michigan Law only allows the officer to testify that HGN denotes the presence of alcohol).  The officer then stated at least two additional times that HGN means intoxication.  I moved for a mistrial on this basis, and the Judge denied the motion.

The officer also administered the walk and turn, and the motorist used his arms for balance, and turned improperly.  The motorist also used his arms for balance on the one leg stand.  Based on everything the officer observed he testified that the motorist was intoxicated.  The motorist was brought to the hospital for medical treatment where he refused to consent to a blood draw.  However, two tubes of blood were drawn pursuant to a search warrant.  This blood draw took place about 2.5 hours after the traffic stop.

On cross-examination the arresting officer was forced to admit that he administered the SFSTs incorrectly and that because he did not administer or score them in the standardized way the validity of them (and therefore his conclusion at the roadside regarding intoxication) was compromised.

The prosecutor next called the backup officer who also testified that in his opinion the motorist was intoxicated.  He also added that the motorist had glassy eyes.

The Judge stopped the trial at this juncture because the forensic scientist who tested the blood and the Doctor who drew it, were not available until the following morning.  However, based on the questioning of the arresting officer however  it became evident that the prosecutor wanted to have the forensic scientist testify regarding the metabolism of alcohol (retrograde extrapolation).  I immediately filed a motion to block this testimony, arguing that retrograde extrapolation should not be allowed.

The following day the trial is continued, and we begin with oral argument and testimony on the issue of retrograde extrapolation. After hearing the argument and listening to the testimony of the forensic scientist, the Judge denies the motion, thereby allowing the forensic scientist to testify that the blood alcohol level of the motorist was higher at the time of driving than at the time of the test, and in fact this was the forensic scientist's testimony.  Specifically, he indicated that in his opinion about an additional .02 should be added to the .09 to allow for the burning or metabolism of alcohol after the arrest.  He then states that it is his opinion that the blood alcohol level at the time of the driving was about .11.

The forensic scientist was cross-examined extensively on issues involving quality assurance and quality control, as well as the limitations of retrograde extrapolation.  He is also questioned regarding his conclusion of .11 at the roadside. After this testimony is completed the prosecution rested.  The defense called no witnesses.  The motorist also did not testify in his own behalf.  Because the defense rested the case went to the jury.

After about two hours the jury returned their unanimous verdict of NOT GUILTY!

CALL 1-800-DIAL-DUI   (ext. 231) NOW TO DISCUSS YOUR DUI DWI DRUNK DRIVING CASE OR

Other Courts covered by the Barone Defense Firm:

 

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