Court: 41B District Court
Charge: 1st Offense Drunk Driving (OWI)
On November 14, 2008, at approximately 8:15 pm, our client had just finished gassing up his car at the Sunoco Gas Station, located at 15 Mile Road and Harper Ave. in Clinton Township. While client was at the gas station, an officer of the Clinton Township Police Department arrived in response to dispatch receiving an anonymous 911 call, claiming that client's car had been swerving on the road. The Clinton Police Dispatcher told the Officer, "Drunk driver, he's just finishing pumping gas at the Sunoco at 15 and Harper, a silver Honda, boy union 4770, came off the expressway, he's all over the road, out of Grant Township." As soon as our client began to pull out of the gas station and onto 15 Mile Road, the Officer immediately turned on his patrol car's overhead lights. Our client pulled over in response to the patrol car's lights.
During the investigation there was an admission to drinking three drinks. There was an odor of alcohol and bloodshot eyes and slurred speech. The police report also suggested that our client had balance trouble "throughout the stop" and on at least one occasion leaned on the officer's car for support.
Our client was asked to state the alphabet and count backwards. The police report indicated without specificity that our client did not properly state the alphabet on three attempts, and made some minor mistakes with the counting task. The report also suggested that our client was unable to properly make a finger-count. Our client agreed to take the roadside breath test (PBT), with the result of .09, and also agreed to the breath test back at the station with a result of .08/.09.
We filed a motion to dismiss arguing that it was a bad stop. We prepared our case including our cross-examination of the cop, got psyched up, expected to win, went in prepared to win, and on the day of the hearing the prosecutor offered to dismiss the case upon our client's plea of responsible to careless driving.