In a highly contested Felony DUI prosecution in Port Huron, Mich., my client and I finally prevailed on April 16, 2014 after a jury of 12 citizens found the defendant “Not Guilty of Third Offense – Operating While Intoxicated (OWI).”
The client had breath alcohol tests results of .26 and .27. after getting into a single car accident. The successful defense centered around a extremely sloppy police investigation.
Invalidating the Police Investigation
The arresting officer who administered the breath test did not look into the Defendant’s mouth before administering the breath alcohol test, which is against the rules. If he had, the defendant testified, he would have found a cotton swab soaked with Orajel Severe Tooth Pain Reliever (44.2% ethyl alcohol by weight).
That sheriff’s Deputy also refused the Defendant’s request to take an independent test that could have proved his innocence. Instead, the deputy denied the Defendant’s right to due process and the jury did their duty and upheld justice by completely exonerating the Defendant from all charges including carrying a concealed weapon under the influence.
The Results
Despite the prosecutor’s objection and complaining, I was able to succeed with the ORAJEL defense without an expert witness.
The reason? I used the prosecution witnesses training about breath alcohol testing to establish the defense and its scientific basis.
The Takeaway
This case established the importance of mastering the science of breath alcohol testing, along with possessing a good knowledge of police officer alcohol enforcement training.
Attorney Morris has enjoyed a very successful and distinguished career as a trial lawyer providing high quality legal representation in the area of state and federal criminal defense for 20 years. He is known for his trial preparation by fellow attorneys, judges and clients alike. As a trial attorney, he is dedicated to attaining justice in every case, and is prepared to take on complex legal issues with success. Barton and his law firm pride themselves on obtaining results for their clients that other attorneys cannot.
Not only does Barton Morris have extensive experience, he also engages in continuing legal education to provide the highest quality legal services. Barton has received specialized scientific training through the American Chemical Society. He attended the prestigious Trial Lawyers College and serves on its Alumni Association Board of Directors. Barton Morris is also a board member of several distinguished legal associations including the Michigan Association of OWI Attorneys, and the DUI Defense Lawyer’s Association Justice Foundation. He is also an active member of the National Association of Criminal Defense Attorneys and has also graduated from their National Criminal Defense Trial College in Macon, Georgia.
Barton Morris was chosen as a Top Lawyer of Metro Detroit for 2012, 2013, 2014, 2019 and 2020 for DUI/DWI and criminal defense by DBusiness Magazine and Hour Magazine. Barton Morris was also chosen as a Super Lawyer in Criminal Defense for 2014-2020 and Barton Morris is the only Lawyer in Michigan designated by the American Chemical Society as a “Forensic Lawyer-Scientist”