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People vs N.T.

Court: 32B District – Grosse Pointe
Charge: OWI, PBT refusal, Implied Consent Violation

Client was stopped after officer claimed to observe car cross centerline, almost hit back of city bus, change lanes without signaling, and fail to maintain lane of travel.  Officer conducted FSTs including Horizontal Gaze Nystagmus (HGN), One Legged Stand, and Walk and Turn, and testified that client failed all three.  Upon a thorough cross-examination, officer admitted that he performed the HGN test improperly, that it was unreliable, and unfair to consider his previous testimony.  We were able to establish several inconsistencies and contradictions based upon the in-car video and the officer’s testimony.  Finally, we established that the alleged DataMaster test refusal was an Operator Refusal (the officer’s discretion) and not a subject or Technical Refusal.  Jury deliberated and acquitted.

 Result:  Not Guilty