by Attorney Patrick T. Barone
State of Michigan vs. T.
1st District Court
Client stopped for improper
lane usage and failure to signal. Police officer had observed client braking
sporadically, weaving in the lane, and crossing over the fog line three
times. Client admitted to drinking “3 tall beers” half hour prior
to arrest. During the alphabet, client admitted “I know I messed up, I’ve
had too much to drink”. Client also missed fingers during the finger count,
and didn’t follow instructions when asked to choose a number between 21
and 19. His preliminary breath test was .19, and the evidentiary breath
test was .19. Based on client’s prior record he was charged as an
OUIL / per se, 2nd offense.
During the pretrial and trial
preparation of the case it was discovered that the arresting officer had
not properly followed the 15 minute observation rule prior to the administering
of the breath test. This was despite the fact that the same officer had
indicated on the evidence ticket that she had observed the 15 minute observation
This information strengthened
the client’s position during plea negotiations with the prosecuting attorney
ultimately agreeing to reduce the charge to a first offense. This
benefited the client by avoiding the mandatory five day jail sentence
or alternatively the mandatory 30-90 days of community service.
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