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Man arrested pedaling bike while intoxicated

A man was arrested for DUI on a bicycle on April 14 on the small resort island of Sanibel, off the southwest coast of Florida. Police say he was riding without lights, which caused them to stop him. Read the rest of the news item here. A lot of folks wonder if DUI on a bicycle is even an arrestable offense in Florida. The short answer is YES. The Florida Third District Court of Appeals ruled in State v. Howard, ... Read More »

New Michigan Drunk Boating Law Might Result in More Dangerous Waterways

2014 Public Act 402 was signed by Governor Snyder on December 27, 2014, and began being enforced earlier this year, with an effective date of March 31, 2015.  Many prior attempts were made to lower the legal limit applicable to watercraft, and this new law appears to be the result of a compromise reached by Congress during last year’s lame duck session. According to Michigan DUI Lawyer Patrick Barone, the new law may actually make our waterways more dangerous, and this ... Read More »

Michigan’s New Drunk Driving Law Might Be Unconsititutional

At the end of last year Michigan’s law makers presented a bill to Governor Synder which, among other things, made it unlawful to refuse not just the preliminary breath test (PBT), but also, the alphabet or walk and turn test as well.  This is because both fell under the aegis of the phrase “preliminary roadside analysis.”[i]  Specifically, PA 315 removed the phrase “preliminary breath test” and replaced it with the new phrase “preliminary roadside analysis.” According to the Act, the ... Read More »

Michigan’s New Drunk Driving Law Might Lead to More Acquittals

There has been quite a buzz around Michigan lately as the press is waking up to the fact that Michigan’s Legislators blew it last year when they amended the State’s drunk driving laws. Last October Michigan Public Act 315 was signed into law.  This new law, which became effective on January 12, 2015, makes all field sobriety tests inadmissible during the trial of an allegedly intoxicated driver. The law was drafted as part of compromise between those who wanted roadside ... Read More »

Gerry Spence, Geoffrey Feiger and Michigan Drunk Driving

It must be well known by now that in August of 2007 Michigan’s most famous, Mr. Geoffrey Feiger, was indicted on a ten-count complaint, alleging various manners and forms of violation of the Federal Campaign Act.  Feiger retained Gerry Spence to represent him, who later indicated Feiger’s would be his last trial.  On June 2, 2008 the jury acquitted Feiger on all 10 counts. In this fascinating video Feiger and Spence talk about the case with attendees/students of the Gerry ... Read More »

The Top Ten Ways to Avoid a DUI on Super Bowl Sunday

Super Bowl Sunday is known to be one of the biggest drinking nights of the year.  Many people attending Super Bowl parties will start drinking early in the day.  If you plan on celebrating the win or even the loss of your favorite team, here are some of the myths to keep in mind about drinking and driving.  Knowing about them might help you avoid starting the year with a drunken driving arrest. “Don’t kid yourself,” said Birmingham, Michigan-based DUI ... Read More »

ABA Opinion Allows Lawyers to Investigate Juror’s Facebook and Social Media Pages

According to American Bar Association Formal Opinion 466, issued April 24, 2014, trial lawyers may review the social media sites of jurors selected for jury service in their trials.  This might be done for two reasons; first to determine if a juror is a good candidate for a particular trial, and second, to determine if a juror has, during the trial, violated an order of the court by posting anything inappropriate about the trial. The ABA opinion decided to tackle ... Read More »

Michigan Law Firm Among First in Nation to Accept Apple Pay

Exclusively handling Michigan DUI defense cases, the Barone Defense Firm announced recently that it will begin accepting credit card payments via the iPhone’s Apple Pay system.  “It’s an easy way to make credit payments with the added advantage that it’s highly secure,” said Patrick Barone, the Firm’s founding and principal attorney. Apple Pay rolled out Monday, and according to Forbes, so far it’s has been a great success.  Their article indicates: “so in two days, Apple Pay worked nearly everywhere ... Read More »

Michigan Drivers Can No Longer Legally Refuse Field Sobriety Tests

If Governor Snyder signs House Enrolled Bill 5385, as expected, it will become unlawful in Michigan to refuse to submit to any sort of preliminary roadside analysis, including field sobriety testing.  The bill was presented to the Governor on October 7, 2014. As of the date of this writing, Michigan law provides that a police officer may require a driver  to submit to a preliminary chemical breath analysis if the officer has reasonable cause to believe that the person was ... Read More »

Michigan Drunk Drivers to Pay Salaries and Benefits of Judges, Prosecutors and Police Officers

A person convicted of drunk driving in Michigan will be ordered to pay both fines and costs as part of his/her punishment. The maximum fine is set by law; for example, a first offense drunk driving has a maximum fine of $500.00.  The same is not true however of the maximum costs that a Michigan drunk driver might be ordered to pay. Costs in drunk driving cases can vary considerably from court to court, and even from judge to judge ... Read More »