Senior trial lawyer at the Barone Defense Firm Mike Boyle did what few other lawyers would have the gumption to do: take a breath test result nearly four times the legal limit to trial!
Mike’s client was basically passed-out with his car stuck in a snow bank. When the cops got there, he was stumbling around and largely incoherent. The cop took one look at the client, immediately concluded he was drunk, arrested him, and then made him take a breath test. The breath test ticket in this case had two test results, one was a .25 the other a .28 nearly four times the legal limit in Michigan.
The driver in this case was charged with Felony OWI 3d (priors in 93, 05) and Misdemeanor Open Intox. The Traverse City prosecutor and judge offered Sobriety Court (a 3 year commitment) on the day of arraignment, which was the first time we appeared in court. There was a lot of pressure to take the deal because Sobriety Court may have resulted in no jail. Losing at trial would mean a minimum of 30 days, and probably a lot more.
Even though we had no police reports or other discovery, the court only gave us just one week to accept. After consulting with Mike Boyle the client made the decision that he just couldn’t plead guilty the felony, especially when he felt like he never had any intent to commit a crime.
Mike worked for countless hours with the client to learn his story. While the client was at first a bit reserved, using his advanced trial skills training Mike was able to get the client to open up. Armed with a really compelling story, and a client prepared and willing to take the stand, Mike told the prosecutor he was ready for trial.
The prosecutor and the court were expecting a quick guilty verdict, but things didn’t go as planned. When the verdict was read, the jury foreperson announced “our verdict is NOT GUILTY!” The court and the prosecutor were shocked! The judge even commented that it had been a very long time since a jury had acquitted on any DUI case in his courtroom, and congratulated Mike on the unimaginable outcome.
This is believed to be the first time a Michigan jury has ever acquitted an accused drunk driver with such a shockingly high breath test result and real testament to the trial skills possessed by attorney Mike Boyle at the Barone Defense Firm.
Learn More About Senior Trial Attorney Mike Boyle:
Biographical Information: Michigan DUI Lawyer Michael Boyle
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