DUI Charge Dismissed – People v Ferndale Client

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Client was stopped for speeding and failure to maintain lane of travel at approximately 3:30 a.m. on Woodward near Nine Mile. After performing field sobriety tasks and consenting to a preliminary roadside breath test (.12 BAC) he was arrested for suspected operating while intoxicated and taken to the police station where he was given an evidential breath test that registered .13 BAC.

After agreeing to represent the client, Mr. Duke conducted a thorough review of all relevant discovery materials including the booking video that depicted administration of the evidential breath test. It became clear that the breath test was not administered in accordance with Michigan law. Specifically, it was noted that the 15 minute observation period embodied in Michigan Administrative Code Provision R 325.2655(1)(e) was not followed in its entirety.

After a meticulous investigation Mr. Duke discovered that one of the two arresting officers who participated in the administration of the breath test at the station was not a certified Class II operator. R 325.2655(1)(e) and R 325.2658(4) require that the 15 minute observation period of the test subject be conducted by a Class II operator. While the second officer was certified as a Class II operator, Mr. Duke documented that she repeatedly engaged in other activities during the critical observation period.

Mr. Duke prepared and filed a comprehensive motion to suppress the evidential breath test and the matter was set for an evidentiary hearing. On the date of the hearing, Mr. Duke was able to negotiate a successful resolution of the case that included a plea of guilty to being a disorderly person and a plea of responsible to the civil infraction of careless driving. The operating while intoxicated charge was dismissed with prejudice.

Underage Drinking and DrivingDUI Charge Dismissed