Attorney Patrick Thomas Barone's Legal Cases

DUI and DWI

.086 BAC OWI Dismissed

Oct 18, 2021

OUTCOME: OWI Dismissed

Client was involved in accident and was later observed driving recklessly. He made many incriminating statements and performed poorly on the field sobriety tasks. There was a blood test result of .086 ... . Case was set for trial several times with Barone and client steadfast that they wanted a jury trial. Finally, Judge indicated no more adjournments, and day before the case was to be tried, the prosecutor dismissed the case. This was the client's second OWI arrest and it was picked up while an OWI case was already pending. That case resulted in an "allowing intoxicated person to drive." (see sample case 2/25/22)

DUI and DWI

OWI Causing Serious Injury Case Dismissed

Sep 09, 2021

OUTCOME: Case Dismissed

Client was driving a Tesla on the freeway when car stopped in a lane of traffic. It was alleged this stopping was do to intoxication. Client was of opinion that it was a software error with Tesla. A co ... llision occurred and the driver of the other car sustained serious injuries. Client refused the blood test and a warrant was obtained. The blood test result was at or above the super-drunk high BAC level. We filed a motion to suppress the blood arguing that it was not supported by probable cause and therefore unconstitutional. The Circuit Court Judge agreed, and suppressed the blood. The prosecuting attorney was forced to dismiss the case because without the blood test there was insufficient evidence of intoxication or impairment.

Criminal defense

Client's Second OWI Offense Dismissed

Apr 02, 2021

OUTCOME: Case Refiled as Reckless Driving.

Client arrested after almost colliding with police car after failing to stop at stop sign with four-way stop. Client crashed into a street sign on opposite side of road in a downtown residential busine ... ss area. Client performed poorly on all sobrieties, and a later blood test revealed a “super-drunk” level high BAC. After meeting with client, we agreed on a defense strategy and sentence mitigation plan. Client executed on the plan, and after extensive negotiations, the felony charge was dismissed, and client plead to a misdemeanor second offense OWI. Case was pending before a Circuit Court Judge known to be among the toughest, if not the toughest, when it comes to sentencing. We were able to persuade the Judge to not impose any jail time at sentencing and client remains driving.

DUI and DWI

OWI High BAC Dismissed

Jul 10, 2017

OUTCOME: Case Dismissed

Client was stopped after a BOL described her car and indicated on 911 call that she appeared intoxicated. She failed all the field sobriety tests and was arrested. A later chemical test suggested a hig ... h BAC, above super-drunk limit. We filed a motion arguing that the stop was unlawful. The District Judge agreed, and dismissed the case.

DUI and DWI

.20 breath test thrown out

Apr 04, 2017

OUTCOME: breath test suppressed.

Client arrested for illegal turn, and failed all field sobriety tests. Agreed to breath test with result of .20/.19. Charged with felony drunk driving. Video showed that officer did not sufficiently o ... bserve driver for 15 minutes before breath test. Officer was cross-examined on issue at preliminary examination. At felony court, we filed a motion to suppress breath test due to violation of administrative rules. Judge agreed with our position and threw out the breath test.

DUI and DWI

Wayne County DUI Reduced to Careless

Sep 14, 2016

OUTCOME: Careless Driving

This client was involved in an accident. When the police arrived, they noted that the driver smelled of intoxicants, and failed the field sobriety tests. There were two technical refusals on the brea ... th test so the police obtained a warrant and blood was drawn. The blood test results came back at .119. When the case was filed with the court, we argued that the delay in bringing the charges caused prejudice to our client, meaning it made it very difficult to defend. Before the motion was heard by the court we were able to negotiate an excellent reduction for the client. The disorderly person was taken under advisement and will be dismissed. The only thing left on client’s record therefore is a careless driving.

DUI and DWI

Bloomfield Hills DUI Case Dismissed

May 05, 2016

OUTCOME: Dismissed day of trial with prejudice

This was a second offense drunk driving with a .136 blood test case. Prosecutor came to trial unprepared and asked for case to be dismissed so that it could be brought again when they were ready. We ... argued that it should be dismissed such that it could never be refiled, meaning "with prejudice." Judge abstained from ruling on that issue until case was actually re-written. At that time we argued that there was no appropriate legal justification for the dismissal, and this time the judge agreed. Case was dismissed with prejudice.

DUI and DWI

Second Offense with .15 Dismissed!

Jun 04, 2015

OUTCOME: Second Offense DUI Dismissed

The police officer in this case indicated in his report that our client was travelling down Woodward Ave. while driving on the left lane marker, then weaving within his lane and all the way over to the ... right lane marker. He failed three of four of the field tasks offered, and was arrested. His breath was then tested, and two results of .15 each were registered. We aggressively defended this case in part because our client was of Mexican nationality, professionally employed, and working here in the technology field on a green card. He was fearful that if he was convicted of DUI a second time, that his immigration status could be negatively impacted. Eventually, after extended negotiations with the prosecutor, the second offense drunk driving was dismissed and client plead guilty to an added count of reckless driving.

DUI and DWI

.14 OWI Dismissed

Mar 23, 2015

OUTCOME: OWI Dismissed

Driver/Client was arrested in Troy for OWI/DUI after being stopped for hitting a curb and sudden acceleration. Breath test result was a 0.14%. Client looked combative on patrol vehicle recording, an ... d did not perform well on the field sobriety tests. When asked, Client also did know where he was, and was going the wrong way (from intended direction) on Big Beaver Road. All of these reasons made the case a poor one for trial. We filed three motions arguing: (1) no such thing as “sudden acceleration” so no basis to stop his car for this “violation.” (2) Impossible under circumstances for client to “hit curb,” and (3) field sobriety tests were not admissible. On the day of the hearing the officer failed to show. We made a motion to dismiss which was granted. As of current date, the case has not been refiled.

DUI and DWI

Felony DUI dismissed: No Jail time imposed!

Jan 06, 2015

OUTCOME: Felony DUI dismissed; no jail time.

Case involved Doctor of Veterinary Medicine who was charged in Oakland County Michigan felony drunk driving. Facts included him falling asleep leaving Sonic in Royal Oak and crashing car into a tree. ... Blood was drawn, which revealed multiple drugs, some of which were not prescribed to this Doctor/client. We conducted a preliminary examination in Royal Oak, after which case was bound over to Judge Nichols in the Oakland County Circuit Court. This felony DUI involved a minimum 30 days of incarceration, but guidelines allowed a minimum sentence of up to 9 months, with a maximum sentence up to a year. “Deal” offered by Oakland County prosecutor was to plead guilty as charged, and civil infraction would be dismissed. We set the case for trial, and on the eve of trial, after much persuasion on the part of defense counsel, the prosecutor agreed to a plea to a second offense misdemeanor. We filed a sentencing memorandum, and made an impassioned plea for no jail time, which was now an allowable sentence for the misdemeanor offense. After much deliberation Judge Nichols agreed to a non-jail sentence, with only a one-year period of probation.

Patrick Thomas Barone's Legal Cases (37)

.086 BAC OWI Dismissed

OWI Causing Serious Injury Case Dismissed

Client's Second OWI Offense Dismissed

OWI High BAC Dismissed

.20 breath test thrown out

Wayne County DUI Reduced to Careless

Bloomfield Hills DUI Case Dismissed

Second Offense with .15 Dismissed!

.14 OWI Dismissed

Felony DUI dismissed: No Jail time imposed!