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Michigan DUI Defense Attorney, Patrick T. Barone

Michigan DUI Defense Attorney, Patrick T. Barone
Firm Name: BARONE DEFENSE FIRM
Address: 280 N. Old Woodward Avenue, Suite 200
Birmingham, Michigan 48009
Office #: 1-800-DUI-LAWS
(1-800-384-5297)
windows media player Windows Media
Player 		 Meet Patrick Barone

 

Michigan DUI / DWI lawyer Patrick T. Barone limits his practice exclusively to defending individuals accused of drunk driving, so he has the specialized skills and knowledge you need.

Michigan DUI / DWI lawyer Patrick T. Barone has published several articles on trial practice and drunk driving defense tactics, has lectured on these topics, and has also appeared on television as a recognized drunk driving defense expert.

Michigan DUI / DWI lawyer Patrick T. Barone has attended many advanced level training programs to ensure that he remains on the cutting edge of drunk driving defense. His knowledge of effective challenges to breath and blood tests and field sobriety tests will work to your advantage in your Michigan DUI / DWI case.

As a certified instructor and practitioner of standardized field sobriety tests, Michigan DUI / DWI lawyer Patrick T. Barone has proven that he understands and meets the standards set forth by the International Association of Chiefs of Police (IACP) and the National Highway Traffic Safety Administration (NHTSA).

Michigan DUI / DWI lawyer Patrick T. Barone has also attended a 24 hour certification course at National Patent Corporation (the manufacturer of the DataMaster). Consequently, he has been deemed competent by the manufacturer to operate, perform essential diagnostic verifications and calibration checks on the BAC DataMaster.

As an innovator in drunk driving defense, Michigan DUI / DWI lawyer Patrick T. Barone founded a statewide 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.

Michigan DUI / DWI lawyer Patrick T. Barone is a general member of the National College for DUI Defense, the National Association for Criminal Defense Attorneys, the Criminal Defense Attorneys of Michigan, and the Criminal Law Section of the State Bar of Michigan.

Membership

Advanced Level Training

Lectures

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News and Media

Articles

Television/Media Appearances

Why should you hire me?

"You should hire me to defend your Michigan DUI / DWI charge because I care. Having specialized in defending the drunk driving accused for many years, it has become very clear to me just how emotionally difficult your case is for you. If you’re like my other Michigan DUI / DWI clients, you can’t think about anything else. You may have trouble sleeping, or you may wake up at night with anxiety thinking about how a conviction might affect your life.

I take a "systems" approach to the defense of your Michigan DUI / DWI case. If it would be helpful to you this system might include a recommendation for substance abuse treatment. We also might recommend counseling to help you deal with the emotional issues. My staff is always ready to assist you with these issues as well as your case moves through the criminal justice system.

I’ll conduct a thorough investigation of your Michigan DUI / DWI case to determine the most effective challenges. We will then discuss your defense options with you, including your likelihood for success at trial. If the case is not a good candidate for an aggressive defense, or if you decide that you do not wish to go to trial, then we will focus on negotiating a favorable plea bargain. Our goal for you is to minimize the penalties wherever possible.

Let me put my many years of experience and considerable knowledge of Michigan DUI / DWI law to work for you so that I can obtain your best possible result. No one in Michigan has my particular combination of advanced training, record for success and excellent reputation nationally and among my fellow local attorneys and the courts. I look forward to assisting you with this undoubtedly difficult time in your life.

Thank you for visiting my web site, and please contact my office so that we can get to work on your case. Please contact me at any time for a free consultation.

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Sample Cases

People vs. J.B.
New Haven District Court
2nd Offense Drunk Driving

The police report indicated that the reporting/arresting officer was responding to a BOL (be on lookout) for an OWI driver driving southbound on Gratiot from 27 Mile Road. He apparently was advised that the vehicle was a black Jeep. It appears that he did in fact observe this vehicle in the Gratiot and Main area. According to his report, he then followed the Jeep southbound on Gratiot and observed it cross the yellow center line at least three times before reaching 26 Mile Road. Additionally, the officer also notes that the Jeep crossed the lines numerous times after passing 26 Mile Road. After making the alleged observations, the officer stopped the Jeep. The officer asked for the vehicle documents and license and the report indicates that JB fumbled with the paperwork. The officer also indicated that he had to request the license a second time. Additionally, the officer stated that there was a strong odor of intoxicants, slow slurred speech, bloodshot watery eyes and an admission to having “two beers.” The only “standardized test” administered by the officer was the one-leg stand (OLS). The report indicates one of four standardized clues – specifically “swaying while balancing.”

The officer also requested the alphabet and counting backwards, and the driver had some difficulty with both as well as the finger dexterity task. The report also suggests slurred speech during these tasks.

There was a roadside breath test (PBT) as well as the evidentiary breath test in this case. The PBT result was .117 and the evidentiary breath test results were .12 and .12.

We set the case for trial and came back two days in a row waiting for the case to be called. We prepared our case, and remained ready to attempt to try and win before a jury. On the second case the arresting officer did not show.
Result: Case Dismissed!

People vs. S.C.
Felony Drunk Driving

In this case the reporting/arresting officer first observed client’s vehicle swerving on 13 mile road. At that point the officer made a u-turn and followed client’s vehicle. The officer noted that the vehicle swerved within the lane and that on more than one occasion the tires touched the center line. Several field sobriety tests were given. The first of these tests was the One-Leg Stand. There are four clues associated with this test, and in order for the officer to properly testify that the driver “failed client “failed” this test he must observe at least two of the eight during the performance. The report indicates that client did not complete this task due to a problem with his feet. The next standardized test was the Horizontal Gaze Nystagmus. In administering this test, the officer is looking for an involuntary jerking (nystagmus) as the eye moves across a horizontal path. This jerking is thought to be caused by alcohol induced intoxication. There are three clues for each eye that are associated with this task, for a total of six clues. A subject may be deemed to have failed this task if two of the three clues are observed for each eye. The report indicates that the officer observed that client’s eyes lacked smooth pursuit, and that he moved his head to follow the pen. The client was also asked to state the alphabet and count backwards. These are both non-standardized tests. In Michigan an officer may testify to what was observed on these tests. The description of the alphabet suggests that the client did not recite the alphabet correctly. Regarding the counting task, the client passed this task without issue. The client refused to take the roadside breath test (PBT). But did sumbit to a chemical breath test at the station, the results of which were .17 and .17 respectively.” this test, he must observe at least two of the four. According to the report the driver did not follow the instructions, and put his foot out for balance. The next test was the Walk-and-Turn (heel to toe). With this test there is a total of eight clues, and in order for the officer to properly testify that the

Result: This client wanted most to avoid the felony conviction and we were able to negotiate the felony charge down to a misdemeanor drunk driving. Among other things, this result allowed our client to keep his job, vote, and keep his gun rights.

People vs. E.B.
First Offense Drunk Driving

Here is a transcript of the videotape from this arrest:

Phase One - Vehcile in Motion

The tape begins at 1:43:52. The patrol vehicle is traveling down a two-lane street. The p. vehicle quickly turns around and comes upon a vehicle stopped at the side of the road. The officer can be heard saying: “Holy Shit”. He then appears to call in the license plate.

Phase Two / Face-to-Face Driver Contact:

The officer can be heard saying, “Who’s the driver”. The response is, “it was me”. The officer next indicates “what happened.” The answer is “well I come around the curve here, and I just lost control and hit the embankment”. The officer next asked, “have you been drinking at all tonight?” The response is “yes I have”. The driver continues by saying, “I didn’t think I had - I didn’t think I was - you know”.

The officer next indicates, “Here’s what happened, you hit that way back there - you cast yourself in the air and you ended up here, I can see where you went off and launched it”. The officer next asked for the driver’s license and the driver is able to produce it quickly. At this point, a crackling can be heard in the mike indicating that it may be windy.

The officer asked the driver again how much he’s had to drink tonight and the driver explained that he had been at the Moose in Belleview since eight o’clock. He then continues that he didn’t think he had a lot but he’s been on a diet lately and that his judgment may be off.

Phase Three - Pre-Arrest Screening: 

The officer asked the driver to walk in front of the vehicle.  At this point the driver can be seen walking into the view of the camera. The two officers are with him and they look into his vehicle with flashlights. The one officer comments that both air bags went off. The other officer asks him if anybody else was in the car to which he responds no.
The officer next asks if he is hurt at all to which he responds no but he is embarrassed. He went into Kate’s “It’s not what I intended to do”.

Task One :  Finger Count - The officer first demonstrates the task and asks the driver to count with his finger to his thumb 12344321. On the first try the driver indicates 12343421. The officer asks him to try again and on the second time he indicates 12343421.

Task Two : Counting Task - The officer asks first if he has any problems counting 1-15, to which the driver indicates “no.” The officer then asks him to count 1-15 then backward  15-8. The driver completes this task successfully.

His speech appears approximately normal.

The officer next asks if the driver has any problems with his knees or ankles to which the driver responds he has problems with both his knees as well as his ankles. The officer indicates both to which the driver responds yeah, I used to play football. The officer asked if it causes him balance problems and the driver responds “ Not a lot but you know”. As he is answering the question he puts his arms up with his palms forward and shrugs his shoulders. Officer responds “okay fair enough.”

Task three : One leg Stand: The officer indicates to the driver: “okay, what I am going to have you do is pick either leg and I am going to have you balance on it. You’re going to extend your foot out about six inches above the ground like so and you are going to count with your hands at your side 1001 1002 1003 now go ahead and count until I tell you to stop.” The driver lifts his left leg and extends both hands about 18 inches away from his sides and counts 1001,2, 1003 1004 1005 1006 1007 1008 at this point his left hand is almost parallel with the ground. He continues counting 1009 1010 1011 1012 at which point he loses his balance and places his foots down. The officer stops the test.

Task Four : Walk and Turn - The officer first positions the driver a few steps back so he has enough room to complete the task. He next asks him to stand with his feet together and his arms at his side. He then indicates: “okay what I want you to do is take nine steps forward just like so (demonstrating) and try to walk somewhat of a straight line I know we don’t have really a straight line here to use try to get it as straight as you can take nine steps forward turn around and take nine steps back. Go ahead and do that for me.” After the driver begins he tells him to “count his steps out loud.” After this instruction the driver does begin to count his steps out loud and can be heard indicating 4, 5. On these first steps he loses his balance somewhat and then continues counting to nine, turns, and counts nine steps back. As best as can be determined from the tape his last steps are heel to toe.

At 1:50:30 the police officer can be seen obtaining his preliminary breath testing device from its case. The officer instructs the driver of his preliminary breath test rights including that a violation is a civil infraction punishable by $100 fine. He then asks if he will take the test. The driver responds that he is cooperating and will do whatever the officer asks him to do. The officer then instructs him with regard to how to actually take the test. The test begins at 1:51:30. The officer then indicates: “all right, this what you’re at right now a .16 so put your hands behind you’re under arrest for operating while intoxicated.”  A later breath test at the station confirmed the roadside breath test.

Result:  Original charge of OWI dismissed.  Client convicted only of careless driving, a three point civil infraction no different from a speeding ticket.

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Michigan Court Information and Locations

Mr. Barone is admitted to practice in all Federal and State Courts in the States of Michigan and Illinois.

Patrick Barone most frequently practice law in the following counties: Alcona, Alger, Allegan, Alpena, Antrim, Arenac, Baraga, Barry, Bay, Benzie, Berrien, Branch, Calhoun, Cass, Charlevoix, Cheboygan, Chippewa, Clare, Clinton, Crawford, Delta, Dickinson, Eaton, Emmet, Genesee, Gladwin, Gogebic, Grand Traverse, Gratiot, Hillsdale, Houghton, Huron, Ingham, Ionia, Iosco, Iron, Jackson, Kalamazoo, Kent, Keweenaw, Lake Lapeer, Leelanau, Lanawee, Livingston, Luce, Mackinac, Manistee, Marquette, Mason, Mecosta, Menominee, Midland, Missaukee, Montcalm, Montmorency, Muskegon, Newaygo, Oceana, Ogemaw, Ontonagon, Osceola, Oscoda, Otsego, Ottawa, Presque Isle, Roscommon, Saginaw, St. Clair, St. Joseph, Sanilac, Schoolcraft, Shiawassee, Tuscola, Van Buren, Washtenaw, Wayne, Wexford.

Judicial Branch, Links to Michigan State Judicial and Legal system:
Michigan Supreme Court Michigan Supreme Court - Supreme Court is the highest court in the state, hearing cases appealed to it from the Court of Appeals.
Michigan Court of Appeals Michigan Court of Appeals official website.
Michigan Courts Michigan Courts - Trial Court Directory, contains alphabetical lists of circuit, district, and probate court judges as well as lists of judges by county.
Michigan.gov Michigan.gov - the Official State of Michigan website .

Michigan Arrest and Release

If someone you care about has been arrested, visit Michigan State Department of Corrections website for detailed inmate and prison information.

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Other Michigan Resources

There are a variety of special problems that arise following a drunk driving, DUI, or DWI arrest. It may be necessary to use a bail bondsman to help a friend or loved one gain release from custody. Renting a car may be difficult (although we know of several companies that will do so), as is getting car insurance. There may be a requirement to attend special alcohol programs, or AA meetings.

Read what Mr. Barone's Clients had to say

"Hi Patrick!

I wanted to formally thank you for doing such an amazing job on my case. From the moment that I walked into your office, everyone treated me with such kindness and respect. I appreciate the fact that time was always made to answer my questions and that great care was taken to put my mind at ease. I am still shocked at how well everything turned out! I am truly thankful for everything that you did for me. I wish you all the best.

Sincerely,"
L.B.

"Mr Barone,

     I would like to start off by saying thank you to everyone involved in my case. I knew that when I had gotten in trouble while in Michigan and considering my situation back in Illinois that I was going to need the best attorney that was available. I had done quite a bit of research before choosing and I feel that I chose the best that is out there. All the places I had called were reluctant to take the case because it was to far, but that was not a problem with your firm. Anytime I had any question's regarding the case it was never a problem to pick up the phone and give you a call and get the answer's I was looking for. I felt that you and your staff have done a very thorough job in researching my case and considering the consequences of the way that it first started, I feel that we recieved the best possible outcome. The only way I could have been happier would to not have gotten into trouble in the first place. It has been a pleasure working with you throughout this scary ordeal and again I would like to say a sincere THANK YOU to everyone that took part in my case. Your firm will come highly recommended from me if there is anyone I know that would need help in any type of alcohol related issues (in Michigan of course). In closing, I apprieciate all the time and effort put forth from all of you and once again Thanks to you all.

Sincerely,"
TA

"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.

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

"I felt very comfortable and in exremely competent hands. Mr. Barone made me feel as though he was concerned at the outcome not as though it was just another job/client for him. I would like to keep my situation as confidential as possible, but should there be such a circumstance that I could recommend his services I definatley would. I got the distinct impression he is very well respected by others."
Initials withheld

"My arrest in this offense took place in Detroit and Mr. Barone was actually recommended by a number of Detroit Police Officers. To me, that says it all. Not only was I impressed & confident in Mr. Barone's ability, but with his colleague Mike Boyle with whom I had a more intimate interaction with. 100% satisfaction."
M.K.

"Mr. Barone,

I want to thank you, Bob Stephens (firm investigator) and Mike Boyle (firm associate). The way business is conducted at your firm is incredible. I felt from our initial meeting that you were a great talent in your field. After my meeting with you I felt a sense of relief. After my meeting with Bob I knew I made the right choice for representation. You and your staff are so well prepared, I honestly believe I got the deal I got because of the Barone representation.

Mike was excellent in court. He would brief me occasionally on the motion hearing proceedings. Every time he briefed me the deal got better. There was never a motion hearing. I believe the preparation and thorough demands in the discovery phase were a great help. I feel the prosecution was not prepared, and the Barone Defense Firm was. I think the prosecutor was truly intimidated.

My family and I thank you."
M.P.

"Mr. Barone,

Thank you! I cannot express my sincere gratitude enough to you and your firm for the work that was done on my case. This was a very draining experience for me, both emotionally and professionally. Your firm made this whole process extremely bearable and less frightening. The personal touch and emotional support that was extended helped me get past this. In as much as this was a terrible occurrence, as you advised and you are correct, it was a life changing event for the better.

As you know I am a new attorney and as of February 2006, I started my own practice. More than anything, I needed to keep the ability to drive. The result of my case was exactly what I needed. As I shared the news of the withdrawn implied consent violation in exchange for a plea of guilty to the impaired driving with peers in our profession, all agreed that this is an absolute win! It is obvious that you are a highly respected attorney and I attribute the result of my case solely to who you are and your reputation. There is not doubt that I retained the best!"
R.F.

"Patrick,

Thank you and your associates for all you did for my case. It is clear, the outcome would not have been the same with any other firm. I appreciated your frankness and compassion and the respect I was afforded, during a very difficult time.

Gratefully yours, J.S."

›› Read About Bloomfield Township vs. C.H.
›› OWI sample cases
›› Should you find a "local" lawyer to represent you in your OWI case?
›› Heidi’s Law Sure to Increase Number of Drunk Driving Felonies
›› Complete List of DUI Publicatiuons

For a free consultation, contact Michigan DUI Defense Attorney Patrick T. Barone by dialing 1.800.DUI.LAWS.


Listings are a paid attorney advertisement and do not in any way constitute a referral or endorsement by an approved or authorized lawyer referral service other than 1.800.DUI.LAWS.