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Michael J. Boyle
Avvo
Pro

Michael Boyle’s Legal Cases

9 total

  • "My life has been saved."

    Practice Area:
    DUI & DWI
    Outcome:
    Careless Driving
    Description:
    Client Testimonial: Dear Brian (Barone Defense Firm Manager), When I spoke to you the night after my arrest, you gave me a lot reason for hope. Yesterday, at the arraignment, Mike had my charges reduced to careless driving. I want to thank you and Bridget and Patrick and especially Mike for everything. I feel like my life has been saved. The $6800 I spent to retain your firm is the best value I have ever gotten for my money. Thank you. D.R.
  • "My life has been saved."

    Practice Area:
    DUI & DWI
    Date:
    Jul 11, 2008
    Outcome:
    Careless Driving
    Description:
    Officer made traffic stop after allegedly observing client speeding (80 mph in a 45 mph zone) on motorcycle. Client admitted to consuming three beers earlier in the evening. Officer conducted 4 tests, which client passed 3 under the National Highway Traffic Safety Administration standardized scoring method. Client refused PBT and DataMaster tests, and officer failed to properly obtain blood test. Client had 3 prior alcohol related driving offenses. Through negotiations, client pled responsible to an Amended charge of Careless Driving and PBT Refusal ticket at the Arraignment. Further, no Implied Consent Violation was imposed. Client Testimonial: Dear Brian (Barone Defense Firm Manager), When I spoke to you the night after my arrest, you gave me a lot reason for hope. Yesterday, at the arraignment, Mike had my charges reduced to careless driving. I want to thank you and Bridget and Patrick and especially Mike for everything. I feel like my life has been saved. The $6800 I spent to retain your firm is the best value I have ever gotten for my money. Thank you. D.R.
  • Doctor Acquitted

    Practice Area:
    DUI & DWI
    Outcome:
    NOT GUILTY
    Description:
    Client was stopped after officer claimed to observe car cross centerline, almost hit back of city bus, change lanes without signaling, and fail to maintain lane of travel. Officer conducted FSTs including Horizontal Gaze Nystagmus (HGN), One Legged Stand, and Walk and Turn, and testified that client failed all three. Upon a thorough cross examination, officer admitted that he performed the HGN test improperly, that it was unreliable, and unfair to consider his previous testimony. We were able to establish several inconsistencies and contradictions based upon the in-car video and the officer’s testimony. Finally, we established that the alleged DataMaster test refusal was an Operator Refusal (the officer’s discretion) and not a Subject or Technical Refusal. Jury deliberated and acquitted. In addition, we were also successful in defense of the Implied Consent and avoided the 1 year license suspension.
  • Nightmare Over

    Practice Area:
    DUI & DWI
    Outcome:
    NOT GUILTY
    Description:
    Client was arrested for OWI after officer found him sleeping in his truck, with the engine running, in a public parking lot. Client did poorly on field tests, submitted to a PBT (.22), and was arrested. At the station, client submitted to DataMaster test and had two tests of .24. Prosecution offered Impaired (OWVI). Our motion to dismiss was denied. At trial, we were able to establish through witnesses and evidence that client did not drive to that location while under the influence, and more importantly, successfully argue that the Government could not prove their case beyond a reasonable doubt. Jury deliberated for approximately 10 minutes and acquitted.
  • Justice finally after 16 months

    Practice Area:
    DUI & DWI
    Outcome:
    Felony OWI to Disorderly Person
    Description:
    Client was arrested for OWI 3rd – Felony after officers found her sleeping in her vehicle, car running, in a gas station parking lot during a snowy March night. She allegedly failed 4 FSTs, made ambiguous admissions, and submitted to a PBT (.241). A blood draw was performed, which resulted in a .23. She was read Miranda Rights and invoked her right to remain silent. This matter was dismissed three times at the Preliminary Examination without prejudice for various reasons, mainly because we were prepared to proceed and the State was not. Finally at the final Preliminary Examination and after 16 months, the Felony was dismissed including the drunk driving and client pled to Disorderly Person. Sentenced to a $300 fine.
  • Non-Alcohol, No Felony

    Practice Area:
    DUI & DWI
    Outcome:
    Pled to Reckless and avoids possible Felony
    Description:
    Client had two prior alcohol related driving offenses, and therefore was potentially subject to a Felony enhancement under the HEIDI LAW, which now allows prosecutors to charge a third offense within a lifetime as a felony. Client was returning to Northern Michigan after a business trip to Wisconsin. He drove through U.P. and was driving through Harbor Springs/Petoskey area where he was stopped by police after he pulling into a gas station. Officers approached him after he had already exited his car alleging that he was driving poorly, specifically driving too slow (40 in 55 mph). Client performed very well on FSTs but did submit to a PBT (.13) and was arrested. Datamaster resulted in .14 and .14. We filed Motion to Dismiss based upon a suppression issue of the PBT and lack of probable cause. Prior to arguing motion, and negotiating with officers and prosecutor, we agreed to Reckless Driving.
  • Boyle gets Careless

    Practice Area:
    DUI & DWI
    Outcome:
    OWI DISMISSED, Pleads to Careless Driving
    Description:
    Officers had a “be on the lookout” (BOL) for our client after an alleged domestic dispute. Officers found client parked in parking lot exiting his vehicle. He did well of FST’s but PBT was .10 and he was arrested. Subsequently provided sample on Datamaster with .11 and .12 result. We filed Motion to Suppress PBT and Dismiss Case. At the motion hearing we agreed to plea responsible to a Careless Driving, a civil infraction, and the OWI was dismissed.
  • Felony with .35 = No Jail. No Felony

    Practice Area:
    DUI & DWI
    Date:
    Jul 22, 2015
    Outcome:
    Felony Dismissed
    Description:
    Client with two prior offenses was arrested and charged with Felony OWI after officers were dispatched to a disabled vehicle. An accident was alleged, cause unknown. Blood test result was .35. After being prepared and ready for Exam on multiple occasions, a plea agreement dismissing Felony was reached. In addition, successful arguments at Sentencing resulted in client serving NO Jail time.
  • Nursing Newlywed Gets DUI Dismissed

    Practice Area:
    DUI & DWI
    Date:
    Jan 21, 2015
    Outcome:
    OWI Dismissed for Careless ticket
    Description:
    Client was arrested for OWI after being stopped for a faulty light. After field sobriety tests client was arrested. He had just finished nursing school and about to be married. We filed Motion to Dismiss based upon suppression of the Field Tests and lack of PC. The morning of the Motion Hearing the Prosecutor agreed to dismiss the OWI and to plead responsible to a Civil Infraction ticket