Drunk Driving Cases Handled
by Attorney Patrick T. Barone

Case 14

People vs. M.J.S.

34th District Court - Romulus

OUIL/UBAL DWLS

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 license.

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 in Court.

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