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As part of my practice, I defend doctors, fellow attorneys, executives, senior military officers, teachers, professional and college athletes, airline pilots, and the good hard working people of Michigan who find themselves charged with a drunk driving offense. I currently live in Ann Arbor with my wife and my kids, and prior to entering private practice, I was an Assistant District Attorney in New York City, and an Oakland County (Michigan) Prosecutor. As a prosecutor, I successfully prosecuted thousands of high profile felony, misdemeanor and drunk driving cases. During my career as a prosecutor, I never lost a trial, and had a 100 percent conviction rate. This was a major accomplishment as the Brooklyn District Attorney's Office is the busiest in the entire country, and Oakland County has a reputation as having some of the best criminal defense attorneys in the State of Michigan. I was pretty good at prosecuting people, but now I'm on the other side of the table using that experience for your benefit. I'm currently a criminal defense attorney at Kelly & Kelly, P.C., a well established and Better Business Bureaus Accredited law firm that has been fighting for clients for the past twenty-five years. While I'm usually the lead attorney on criminal cases, I use a team approach, which gives the client multiple legal minds working on their case, and helping the client get the absolute best outcome. Since leaving my career as a prosecutor, I've been selected and recognized in 2013, 2014, 2015 & 2016 by Super Lawyers Magazine; the prestigious magazine selects the top 2.5 percent of attorneys in Michigan, and in my opinion is the gold standard for attorney rankings. My selection by Super Lawyers Magazine was featured in Hour Detroit Magazine and the New York Times. My work as a Michigan criminal defense lawyer has also earned me a "Superb" 10.0 Avvo Rating. I'm licensed to practice law in Michigan and New York. I graduated from the University of Michigan Law School, and I'm not at all shy about bragging that I graduated from one of the best law schools in the world. My educational background and my experience as a prosecutor have pushed me to the forefront of criminal defense attorneys in Michigan. I currently serve as the criminal law co-chair for the Washtenaw County Bar Association and I'm a member of the Oakland County Criminal Law Committee.
A conviction for driving under the influence can be devastating. The consequences-fines, suspended license, insurance premium hikes, employment hassles, even jail time-can impact you for years into the future. In Michigan alone this year, 36,000 drivers will be arrested for DUI. In his new book, Michigan DUI Law: A Citizen's Guide, defense attorney Patrick T. Barone explains the law and offers drivers advice on how to avoid DUI arrest or conviction. Widely considered to be one of the nation's best DUI defense lawyers, Barone writes in simple language, offering dozens of tips you can use to avoid detection and arrest. If you have already been arrested, Michigan DUI Law will help guide you through Michigan's legal labyrinth, and offers hundreds of proven strategies you can use to avoid a DUI conviction. Barone provides easy-to-follow tips for finding a top DUI defense attorney and advice to help assure you of the best chance of winning in court. Years from now make sure you don't regret not reading Michigan DUI Law: A Citizen's Guide - order your copy today!
Oakland County has the most drunk driving cases in Michigan. It's also one of the most conservative and strict counties in the State of Michigan. If charged with drunk driving in one of these courts, it's going to be an uphill battle to get your footing with the sheer number of cases at the courthouse. It's also a county that relies on strong relationships with prosecutors and judges. It's not always easy to get things done this in this county, but with the right plan and experience, it's very much possible to earn an exceptional result, and learn valuable life lessons from your case. As a former Oakland County prosecutor, I have seen thousands of cases from both sides of the table, and bring this unique experience to my client's cases. All of my clients are proactive from day one, and work toward changing the perception of their case on day one.
This edition of Defending Drinking Drivers provides new text, tips, and case analysis on dozens of topics including:Breath Test Well Below Legal Limit Relevant to the Question of Whether Individual Was Intoxicated. §121.4.1The Prosecutor Need Only Prove that Driver's Ability, not Actual Driving, Was Impaired by Alcohol. §121.4.2Lack of Proximate Cause Leads to Dismissal of Aggravated DUI. §159.2Victim's Comparative Negligence Not Relevant in Proximate Cause Determination. §159.3.Lack of Evidence of Impairment Leads to DUI "Less Safe" Dismissal for Lack of Evidence. §161.1Glazed Dilated Eyes, Odor and Slow Driving Sufficient to Prove Impairment by Marijuana. §161.3.State Fails to Establish Temporal Connection Between Operation and Intoxication. §204.4Use of Prior Police Reports to Attack Officer's Credibility. §401.2.1Substitute Breath Test Witness Violates Confrontation Clause. §516.3.1Pulling Alongside Stopped Vehicle with Flashers on Constitutes Seizure; Community Caretaker Exception Not Applicable. §536.3.4.1Touching or Crossing Lane Markers Does Not Create a Reasonable Articulable Suspicion. §536.8.9Officer's Mistake of Law Regarding Taillights Not Objectively Reasonable. §536.8.10.1Warrantless Entry into Curtilage of Home Invalid. §536.9.3.1Birchfield Suggests that Arrestee's Urine Is More Like Blood than Breath and Warrant Is Required to Collect and Test. §538.3.1Withdrawal of Consent Results in Blood Test Suppression. §538.3.1Lack of Consent or Probable Cause Leads to Suppression of Blood Test and Dismissal of Aggravated DUI. §538.15DUI Fee Paid to Forensic Lab Violates Due Process and Renders Blood Test Inadmissible. §538.16Blood in the Mouth from Deployed Airbags. §547.12Prior Leg Injury and SFST Conditions Compromise Probable Cause Determination. §562.6Using Spectrograms During Voir Dire to Dial in on Jurors' Thoughts and Opinions. §618Defendant's Belligerent Behavior Does Not Relieve Officer of Obligation to Read Implied Consent Rights. §829.3