A Very Long Battle!
Originally Posted on: June 10 2006,11:55 by William Maze
Our client was stopped after leaving a bar called Malarkys in Westland. Video evidence revealed that the officer immediately u-turned to follow our client after watching the vehicle leave the establishment. The officer claimed that the driver failed to come to a complete stop at a blinking red at a left turn intersection. No bad driving was viewed whatsoever, and we initially challenged the stop, which was denied by the judge. We also challenged the arrest because the client passed all field sobriety tests. That was also denied.
While reviewing the case further, it was discovered that the officers used portable radios during breath testing. Radio waves from the portable radios can cause artificially high results, and the administrative rules prohibit using radios in the Datamaster testing area. Yet another motion was filed and denied. But, at this point, the judge observed that all these facts could be brought out at trial and might undermine the prosecutor’s case.
With trial fees and expert witness fees, the client did not want to go to trial. Nonetheless, the prosecutor was unaware of this fact and offered a reckless. (Although you may notice that we get a number of cases reduced to reckless, it is not exactly the desired outcome since it carries six points and suspends the license for 90 days. Nonetheless, prosecutors do not frequently offer reckless, a distinct change from ten years ago, and the result defeats the allegation of drunk driving because it is a non-alcohol related offense.)
While it wasn’t the result that I wanted, the client was satisfied with the result. But, I was ready for trial with guns blazing, and I felt deprived of the not guilty verdict that the jury would have returned.