PBT and DATAMASTER BREATH TEST SUPPRESSED in Novi

Originally Posted on: Nov. 3 2009,16:54 by William Maze

An Oakland County Sheriff’s deputy arrested our client under suspicion of drunk driving, reporting the stop time, arrest time and start observation for the breath test all at the same time. We obtained videos which revealed that no bad driving was recorded by the deputy’s in-car camera. Following the traffic stop, the driver was never asked to exit his vehicle. The deputy asked the driver to say his alphabet, reporting that the driver missed letters and sang the alphabet. He also asked the motorist to count backward from 100 to 81, reporting that he failed to properly complete the task. A PBT was given 6 minutes after the stop. After arriving at the police station, a breath test was administered 7 minutes after arriving at the police station.

The deputy admitted that he violated the administrative rules regarding the PBT and the breath test. The deputy also admitted that the rule-violations could have compromised the validity of the tests. He also admitted that he never looked into the subject’s mouth at any time. As a result of the rule violations and thanks in large part to the officer’s honesty, the tests were suppressed by the trial court judge.