Drunk Driving Cases Handled
by Attorney Patrick T. Barone

People vs.  R.W.
52-1 (Novi) District Court
OWI 2^nd Offense

The police report in this case indicates that the reporting officer received a radio run to a particular Michigan Neighborhood (in the area or jurisdiction of the Novi District Court) because a resident had heard a crash.  When the Oakland County Deputy Sheriff arrived he observed a fluid trail leading to R.W.’s address.  He also observed R.W. walking in the street in the same general area

R.W.  was placed into the Deputy’s car, and driven a short distance back to his home.  There, the Deputy continued his investigation, and found that the jeep parked in his driveway had visible body damage, and that the airbag had deployed.  There was a bottle of C&C whiskey in the car, aa well as the owner’s watch.  The Deputy also found the keys to the car in R.W.’s pocket.

R.W.  also was observed to have “strong odor of intoxicants, dilated pupils and slurred speech, as well as minor injuries on his wrist and forehead”.  A roadside breath test indicated a BrAC of .174.         The evidentiary breath test was refused, and a search warrant for blood  was obtained.  The blood test result came back at .14.  It was also determined that the driver had been involved in another accident the same evening where he’d driven off the road, and collided with a fence and two other cars, doing significant damage to everything he struck.  After completing his investigation, the Deputy charged our client with a violation of Michigan’s implied consent statute, as well as Operating While Intoxicated (OWI).  

After consulting with our client we agreed that the best course of action was to set the matter for a “bench” (non-jury) trial.  On the day of the trial we appeared and presented to the prosecutor and investigating officers everything we would be using to defend the case.  This included numerous photographs and videotapes, as well as a night time videotape of the “scene” as it would have appeared on the evening in question.  This night time videotape was taken with night vision goggles.  We also identified for the prosecutor and the for the officers exactly what issues we would be presenting to the Judge at the trial.  At the conclusion of this pre-trial presentation, we offered to plead guilty to the reduced charge of reckless driving.  (This was a sort of “dry-run” of the trial without the Judge being present).                                        

After our pretrial presentation, the prosecutor and the officers discussed the case and ultimately agreed to the reduction in the charges.  We were then also successful in persuading the Judge to agree to the reduction, and our client tendered his plea of guilty to the reduced charge of reckless driving.