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Michigan Attorney Named New Author of Top Treatise on Drunk Driving Defense

Michigan attorney Patrick T. Barone has been selected to assume authorship of "Defending Drinking Drivers" a well known and highly respected national legal treatise. Mr. Barone was selected by the book's Publisher, James Publishing, after a national search. Nationally known Atlanta attorney and legal author William C. Head said, "Patrick will bring new insight and enthusiasm to this essential trial manual for attorneys handling litigation relating to both drinking and driving and driving while impaired by drugs."

Mr. Barone began as the new author with the April publication of the 2006 supplement. The two-volume manual is also maintained at many law libraries and public libraries across the United States.

The change in authorship was necessary after John A. Tarantino, the book's original author, announced his retirement from authorship of the book last year. Mr. Tarantino undertook editorial responsibility for the book more than 20 years ago, and until this year continued to update it annually. "John Tarantino is a true champion of the accused 'drunken driver', and one of the most skilled trial attorneys in America. In passing the mantle to Patrick Barone, the stewardship of keeping this book current is in excellent hands," stated Mr. Head.

Mr. Tarantino of Providence, RI said he will continue to practice law and will devote much of his time to other types of complex civil and criminal cases.

When asked about any proposed changes to the treatise, Mr. Barone was quick to point out that the set of books was already organized in a very effective format. Mr. Barone further stated that he "will use my authorship to help improve the level of advocacy among Michigan attorneys who represent citizens charged with drunken driving, and will do so in part by increasing the amount Michigan-specific content."

Mr. Barone also intends to more fully develop the sections of the treatise that address the overall importance of alcohol counseling and treatment for any clients that need guidance in this area. Mr. Barone stated that he will continue the work's focus on teaching lawyers how to understand the metabolism of alcohol, and will constantly update the scientific principles involving breath and blood testing associated with these cases. Mr. Barone said that it is only with a thorough understanding of these topics that criminal defense attorneys can acquire the necessary knowledge to win drunken driving cases.

Mr. Barone has been representing citizens accused of drunk driving since 1992, and is the principal and founding member of the Barone Defense Firm. He also holds Sustaining Member status in The National College for DUI Defense. His law firm represents only those accused of crimes involving impaired driving as a result of allegedly ingesting too much alcohol or drugs. Mr. Barone's firm is headquartered in Birmingham, Michigan, and attorneys from his firm appear in courts throughout the State.

Additionally, Mr. Barone has been certified as an instructor and practitioner of the Standardized Field Sobriety Tests in accordance with the standards set forth by the International Association of Chiefs of Police (IACP) and the National Highway Traffic Safety Administration (NHTSA). Partly as a result of this training, Mr. Barone was recently qualified as a court expert and will be allowed to testify before a jury regarding issues relating to police officers' field sobriety testing protocols. He is the only attorney in Michigan who has been so qualified.

What Follows is a Written Interview of Mr. Barone by Christine Mobley, a writer for the "Legal News." This interview was used by her in preparation for an article she wrote about Mr. Barone's assuming the authorship of "Defending Drinking Drivers":

Ms. Mobley: How does it feel to be chosen to take over for Mr. Tarantino in this book's authorship?

Mr. Barone: Mr. Tarantino is a terrifically talented trial attorney, and one of the true titans of drunk driving defense. I have admired and learned from him for many years, and have previously used this treatise to improve my own trial skills. Because of this it is a great honor to be chosen to assume authorship of his treatise, and I am absolutely delighted that I was selected.

Ms. Mobley: The press release said that there was a national search, why would you say you think you were chosen?

Mr. Barone: First of all it's important for you to understand that I was chosen only after successfully submitting a sample manuscript for the 2006 update. As you would expect, this proposed update included new case notes, but it also included new trial tactics and increased coverage of scientific issues such retrograde extrapolation, the new DataMaster DMT (currently being considered by Michigan and several other states to replace the current model) and the SCRAM bracelet. I was offered the contract after the Editors reviewed this sample manuscript.

With this in mind the question becomes; "Why would you say you were asked to submit a manuscript?" I'm not entirely sure, but I do know that over the past several years I have garnered a national reputation for the aggressive and successful defense of the alleged drinking driver, so I may have been invited to submit the manuscript on this basis. Another possibility is that I was recommended to the Editors at James Publishing by an existing author, or perhaps the Editors read one of the many articles about drunk driving defense and trial tactics that I've published in various legal journals. Of course, it may have been a combination of these three possibilities, or something else altogether.

Ms. Mobley: In the press release, it quotes you as saying that you plan to bolster the content for Michigan attorneys, how do you intend to keep the integrity of a national publication by doing this?

Mr. Barone: The treatise already contains case notes from around the country including Michigan. When preparing the manuscripts for the future annual updates I will cite from Michigan case law whenever appropriate to the topic under discussion, but will not do so to the exclusion of more applicable case law from other states. This was my mind-set when I prepared the 2006 supplement, and when published this spring, the updated treatise will already contain additional Michigan content. This does not diminish the integrity of the publication in any way because the general approach of the treatise is to provide the reader with the most effective drunk driving defense pretrial and trial strategies, and to present them in most comprehensive way possible. When Michigan case law supports this approach, I intend to cite from it.

Ms. Mobley: Why do you feel that this needs to be done?

Mr. Barone: In thinking of new ways to effectively represent my clients I have kept my eye on how exceptionally well drunk driving cases are handled in other states by the top attorneys around the country, including Mr. Tarantino and Mr. Head. In comparison it has occurred to me that by and large Michigan attorneys are far behind their colleagues in other states. It is my opinion that this is due in part to the fact that until now the only on-topic resource available for Michigan attorneys has been a very basic practice manual.

In contrast, "Defending Drinking Drivers" contains a multitude of sample motions, trial practice tips, sample cross-examination and innovative approaches to the defense of the alleged drinking driver. The treatise is equally useful for the attorney specializing in drunk driving defense, as I do, and for the lawyer who handles only the occasional drunk driving case as part of a larger practice. Either way it is my hope that the use of this book by Michigan lawyers will raise the level of advocacy for these cases statewide. Of course it is the client, and ultimately therefore our state and national Constitutions that win when Michigan attorneys are better informed about the law and science involved in this exceedingly complex area of practice.

Here is a basic Table of Contents for both volumes of the "Defending Drinking Drivers" Treatise:

Volume I

1. The Offense
§100 Introduction
§110 Elements of the Offense
§120 Common Law Problems
§130 Statutory Problems
§140 Defenses
§150 Special Problems
§160 Driving Under the Influence of Drugs
§170 Defending Against Legal Malpractice Claims
§180 The New Federal Rules of Evidence and the Defense of Drunk Driving Cases
§190 Special Problems: Representing Truckers in Drug and Alcohol Cases
2. Chemical Evidence
§200 Alcohol in General
§210 Test Specimens
§220 Test Procedures: In General
§230 Breath Analysis: The Machines
§240 Blood Analysis
§250 Urinalysis
3. Pre-Trial Preparation
§300 Initial Client Contact
§310 Evaluating the Case
§320 Use of Investigators
§330 Expert Witnesses
§340 Resource Material
4. Pre-Trial Discovery
§400 The Right to Discovery
§410 Procedures in General
§420 Protective Orders
§430 Sanctions
5. Pre-Trial Motions
§500 In General
§510 Motions in Limine
§520 Motion to Strike Prior Convictions
§530 Motions to Dismiss

Volume II

5. Pre-Trial Motions (continued)
§540 Motions to Suppress
§550 Constitutionality of Roadblocks
§560 Field Sobriety Tests
§570 Involuntary Statement or Confession
§580 Privileges
6. Trial Practice
§600 In General
§610 Voir Dire
§620 How to Make an Effective Opening Statement
§630 Cross-Examining Prosecution Witnesses
§640 Audiovisual Evidence
§650 Direct Examination of Defense Witnesses
§660 Should You Call Defendant as a Witness?
§670 Prosecutorial Misconduct: Improper Attacks on Defense Experts
§680 Making a Persuasive Closing Argument
§690 How to Draft Effective Jury Instructions
7. Post-Trial
§700 In General
§710 Sentencing Considerations
§720 Sentencing Alternatives
§730 Constitutional Problems
§740 Probation Violation Hearings
§750 Appellate Issues and Effective Brief Writing in the Drunk Driving Trial
8. Administrative Hearings
§800 In General
§810 Implied Consent Hearings
§820 Refusal to Submit to Test
§830 Admissibility of Fact of Refusal
§840 Administrative License Suspension Hearings
§850 Immigration Hearings and Drunk Driving: Drunk Driving Is Not a Crime of Violence

Bibliography

Table of Cases

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