People vs. E.B

Charge: OWI
Court: 34th District Court- Romulus Michigan

We were retained by E.B. after he had been involved in an accident and had been arrested for OWI. We made a discovery demand to the prosecuting attorney and police department. In response to this, we were provided by the Van Buren Township Police Department with a patrol vehicle videotape.

We reviewed the videotape, and noted that E.B. admitted to drinking and that his judgment was "off". The officers on the scene can be observed in the videotape evaluating the accident and can be heard to conclude that E.B.'s vehicle became airborne while negotiating the curve in the road after which the vehicle landed off the road. During its trajectory, the vehicle after which time struck and damaged a fence.

The pre-arrest screening included the finger count, where the officer could be heard instructing E.B. to count finger-to-thumb, 1234-4321. E.B. can be heard counting "1234-3421, 1234-3421". During the one-leg-stand, he is unable to keep his balance and uses his arms for balance. On the walk-and-turn, E.B. has some difficulty and loses his balance somewhat on some of the steps. He is able to perform the counting task. He was arrested, and the breath test result was .17.

We appeared in court several times for pretrial, but each time the prosecutor failed to provide us with a narrative report of the arresting officer. Ultimately, we were successful in persuading the Court and prosecutor to dismiss the case for failure to provide discovery. CASE DISMISSED.