by Attorney Patrick T. Barone
People vs. M.J.S.
34th District Court
Client was pulled over in
Romulus for speeding, and for swerving/weaving within lane, and crossing
the yellow line twice. The vehicle also "did not use its turn signal
when changing lanes". The officer approached the driver, and could
smell the odor of intoxicants. The driver indicated that "he’d just
left the strip joint down the road", and that he’d had "a couple"
while there. The arresting officer’s narrative report also indicated that
the client could not recite his alphabet, and had distinct nystagmus in
both eyes. Upon checking the officer noted that the client had a suspended
The client refused the breath
test and blood was drawn, with a result of 0.12 grams of alcohol per 100
milliliters of blood.
The client had at least two
prior convictions within the last ten years, making it possible for the
prosecuting attorney to seek enhancement to a felony. This would have
made his minium sentence 30 days to five years in jail. However, at the
initial pretrial we were able to persuade the prosecutor to reduce the
OUIL / UBAL to the lesser included offense of OWI. The DWLS charge was
dismissed as part of this plea bargain. The client was sentenced to pay
only a fine of $850.00. There was no jail time, no probation, and no community
service. The client resided out of state, and was never required to appear
HERE to go back to the sample cases.