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Michigan Drunk Driving Pre-Trial

Hi, I’m Patrick Barone with the Barone Defense Firm and I’d like to talk to you about what happens at a pre-trial in your Michigan drunk driving case. A pre-trial is just what it sounds like. It is a hearing that takes place before or pre-trial. It is a determination to whether or not the case will proceed to trial. In order for us to make a determination, of course,

it’s important for us to have complete discovery. We have to have everything related to your case. This includes the police reports, any video tapes that exist, all of the logs that may have been kept by the police, and any blood test information. We may also in many instances with or without the client, visit the scene of the arrest. It is important for us to do that because in order for us to fully understand the police case, we need to put our eyes on it and actually see what happened and where it happened. We also of course want to discuss the case with you. To meet with you and interview you relative to your recollection and see what that may differ than what we see in the police report. Once we have done all of that, we put it all together, and we make a determination with you as to whether or not the case actually should proceed to trial. In many instances it’s in everyone’s best interest to resolve the case without a trial. In that case, what we are essentially talking about is plea bargaining or plea negotiations.

We will take what he have learned through the discovery process and discuss it with the prosecutor and see if we can resolve the case in a way where it’s favorable to you. That includes a reduction of the charges. Our goal of course is to obtain a non-alcohol reduction, which basically means a reduction to a reckless driving or a careless driving. That of course is not an option or an opportunity in every one of our cases, but it is where we hope to end up. Before that or higher than that would be something like a reduction to an impaired driving or in some instances an operating while intoxicated. An operating while intoxicated will be a reduction from one of the other drunk driving cases such as a Super Drunk or a child endangerment case. Depending on the facts and circumstances of your case and the charge that you have we will determine if plea-bargaining can or should occur.

Another determination that takes place at a plea-trial is whether or not there are legal issues that the court needs to resolve before the case can continue to trial. In other words, are there issues relative to the arrest or the manner in which the breath or blood test was collected? In some instances we can use those legal issues to actually get the case dismissed, which is better than a plea-bargain and even better than a win at trial. If we are unable to resolve the case either through plea-bargaining or through motion practice, then of course we will need to discuss with you whether or not a trial is in your best interest. If a trial is in your best interest the next step is trial preparation.

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