Barone Defense Firm Senior Trial Lawyer Michael J. Boyle recently won another felony drunk driving. Here’s how:
The Case Facts:
Client (JD) was approached by officer as client was sitting in driver’s seat of a running car with its flashers on. Client’s girlfriend Sara was also in the car at the time in the passenger seat. Field sobriety tests were conducted, including a PBT of .095. A subsequent blood test resulted in a .14 reading. Client would be terminated from employment with a Felony on his record, but prosecuting attorney would not make any offer other than plea to charge.
Case Preparation:
Mike Boyle spent a great deal of time with both JD and Sara, and tried to get to know them, know their relationship, relationship with the kids, and understand the dynamic of a divorced mother of two trying to balance a job, kids, and a new relationship. His last meeting was spent “putting it into action”, which consisted of setting up chairs like the seats of the car. Mike then had Sara physically hold the phone to assist her getting back to that place. By the end of their time together, Mike knew the case frontwards and backwards and had essentially walked in the shoes of his client.
Opening Statement:
Mike’s stellar opening began with him pulling two chairs into the middle of the court room to set the scene, and he began simply rubbing the imaginary leg of Sara in driver seat and quietly shushing her. The opening also included presenting the full reenactment of the phone call, exiting the car, the hug, the seatbelt, and first contact with officer. A key part of the opening was also explaining the future testimony from JD of why he never explained to the officer that Sara had driven, which was because JD whole heartedly believed that sitting in a running car made him guilty, and at that moment he shut down as a guilty person.
Result and Verdict:
The jury didn’t have to deliberate very far before returning their unanimous verdict of not guilty! This was no small task, because like most states, Michigan’s instruction on “operation” includes having the ability to control, so being in a running car certainly satisfies this requirement. Thus, in order to win, Mike needed to tell a compelling story. He was able to do so because of extensive preparation, and skillful presentation.
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