by Attorney Patrick T. Barone
People vs. A. D.
41A District Court - Shelby Twp.
While traveling west on Hall road, the deputy observed our client's vehicle
traveling at a high rate of speed. The vehicle changed lanes, then accelerated
to about 70 mph, and applied its brakes quickly to avoid hitting the vehicle
ahead. Our client's vehicle then stopped for a red light, and when the
light turned green, sat below the light without moving. The vehicle turned
on its turn signal and pulled into the Amoco gas station.
Upon contact with the driver,
the arresting officer noted an odor of intoxicants "which grew stronger
as she spoke". Her eyes were red and bloodshot. She admitted drinking
one drink. Her speech was slurred. When asked to perform field exercises,
the driver responded "my father is an attorney and he advised me
to never take any tests if stopped for drinking and driving". The
driver refused to take the roadside breath test, and also refused the
evidentiary test back at the jail. The deputy did obtain a warrant for
a blood draw, and our client was taken to a local hospital so that the
blood could be tested. The blood was sent to the State Lab for testing,
and the results were over the legal limit.
We filed a motion to dismiss
arguing that the arrest was invalid and improper, and also arguing that
the prosecutor would be unable to lay an appropriate foundation for admission
of the blood test results. On the date of the evidentiary hearing, the
prosecutor offered to allow a plea of guilty to the lesser included charge
of operation while visibly impaired, which would be taken under advisement,
and further agreed that if there were no further violations during the
period of the six month advisement period, then the charge would be further
reduced to a careless driving, a three point civil infraction. She received
a small fine. Her driver license was not suspended, revoked or in any
way restricted, (she retained full driving privileges). Additionally,
there was no jail time, no probation and no community service.
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