Court: 52-2 District Court – Clarkston Michigan
Charge: Drink and drive
Result: Case Dismissed The Narrative Report of Michigan State Trooper in this case indicates that he was dispatched to an unknown accident, and that on arrival, an Oakland County Michigan Deputy Sheriff was talking to the driver who was sitting in the driver's seat. The deputy advised that when he arrived she was lying down on the front seat and was unresponsive. (The driver had driven off the road, and was between the lanes of traffic on I-75). The Deputy had to smash the rear window to awaken the driver.
The Trooper then took over the investigation. He questioned the driver, who advised that she'd driven off the road at 12:00 or 12:30 a.m. (The report notes that it was actually only 11:30 p.m.) The signs of intoxication noted in the report included bloodshot watery eyes, strong odor of intoxicants, and slurred speech. The driver also admitted drinking a "few beers" at a party in Dearborn. She was able to count backwards and recite the alphabet as instructed. However, she "failed" the nystagmus test, the walk-and-turn test, and the one-leg stand test. She also stated to the police officer that "I'm drunk". She refused the roadside breath and evidentiary breath tests, and a warrant for blood was obtained.
The blood test result came back at .18. At the jury trial, the first witness called was the Deputy Sheriff who was first on the scene of the accident. During cross-examination it was determined that this witness had prepared a narrative report, but that this report had never been provided to the defense. We immediately moved for a mistrial. After a recess wherein the parties and the Court researched the issue, the Court was called back into session. We then made a motion to dismiss. The Judge denied our motion to dismiss but did sua sponte (by the Court's own motion) declare a mistrial. This did effectively dismiss the case.