Drunk Driving Cases Handled
by Attorney Patrick T. Barone

People vs. J.S.

48^th DC

This case was an second offense drunk driving.  Our client was stopped after the cops ran his plate “randomly” (unfortunately legal in Michigan) and thereby discovered that he had a restricted license.  After stopping the car our client told the cop “I’m going to prison” (he had a bad criminal history).  He admitted drinking seven drinks at the bowling alley, and told the cops that he was a “stock broker.”

He was not able to properly state the alphabet, but could count backwards without any “noticeable” problems.  He was not able to complete the walk and turn, at one point almost losing his balance.  His PBT result was a whopping .354. Our client refused the breath test, and his blood was drawn.  Much later his blood test results came back at a .12.

We filed a motion to dismiss arguing that the police lacked any reasonable suspicion to stop our client’s vehicle because the only way he could definitively determine that the driver was in violation of the restricted license was to stop and question him.  We were able to further demonstrate this at a contested hearing.  At the conclusion of the hearing the judge took the matter “under advisement” pending further research.  About one month later the court issued its opinion on the record, granting our motion.

Result:  Case Dismissed!