Barone Defense Firm

This article was written by Michigan Judge Warren and addresses the court's power to sanction witnesses who commit perjury. Recently, a judge in a different county all together referenced this Warren article during a pretrial. …more

The New Jersey Supreme Court's decision on the source-code issue relative to the Draeger breath test maching used throughout the state of New Jersey and the United States to test breath for alcohol content in drunk driving…more

This is the supplement brief filed in the New Jersey Supreme Court by the defendants in this ground breaking source code litigation. Crawford issues are extensively briefed…more

The first-ever lawsuit by a State against a breath test maker seeking the production of source code. Previously it had been the drunk driving accused who had attempted to obtain source code as part of an overall defense…more

Source Code Litigation is the “next big thing” in DWI practice. New Jersey was the last to get rid of the antiquated Draeger-Smith & Wesson Breathalyzer®, replacing it with a computer-chip based machine, the Draeger Alcotest…more

This is the cover page and tables for the initial brief filed by the defendants claiming that the breath test machine used in New Jersey is not reliable based on a review of the machine's source code…more

This is the initial brief filed by the defendants claiming that the breath test machine used in New Jersey is not reliable based on a review of the machine's source code…more

This is the National Highway Traffic Safety Association's report on the SCRAM device. SCRAM is a controversial alcohol tether that is worn on the ankle and measures (or at least try’s to measure) the presence of alcohol in the…more

In the past 18 years, one of the most dramatic developments in the movement to reduce substance abuse among the U.S. criminal justice population has been the implementation of drug courts across the country. The first drug…more

This document was prepared by Mr. Barone for a lecture he gave to Michigan lawyers about the offense of drugged driving. It contains a legal analysis and strategy guide for cases involving the use of Drug Recognition Experts in…more

The SCRAM (Secure Continuous Remote Alcohol Monitor) is made by AMS (Alcohol Monitoring Systems), a corporation located in Highlands Ranch CO. AMS began development of the SCRAM in 1991, and since have spent more than 14…more

This newsletter contains an article written by Barone that discusses the new [Michigan] time limits on drunk driving (OWI) cases, and how these unrealistic time limits impact the rights a citizen accused of drunk driving. Many…more

A very pro-MADD summary of what MADD has done over the past 25 years…more

In the Michigan case of People vs. Anstey the Supreme Court decided that dismissal was no longer a remedy if the police violated a drunk driving accused right to an independent test. In doing so however, they also seem to have…more

In this article from Michigan's Bar Journal Barone discusses the general concepts of blood alcohol testing in drunk driving cases, and offers several possible defenses to consider when litigating these cases on behalf of…more