People vs. W.G.

Charge: OWI 1st
Court: 52-3 Rochester District Court

In this particular case our client was stopped for speeding in north Oakland County Michigan. The police report indicates that "officer while speaking with W.G. could smell the strong odor of intoxicants coming from the vehicle. W.G. admitted drinking 3 beers. The odor of intoxicants was also strong from W.G.°s breath."

The officer asked W.G. to step from the vehicle, and asked him to perform the "ABC°s", which he "read with hesitation". He was able to count backwards normally, and was also able to perform the heel-to-toe test normally. However, it was also noted that he had bloodshot glassy eyes and a red face. W.G. refused the roadside breath test. He was arrested and taken to the station where a breath test was administered. The breath test result was .12 and .11.

Immediately after being retained we obtained the videotapes and police reports. It was evident from a review of these things that the officer did not have probable cause to arrest our client, and we therefore filed a motion to dismiss. At the hearing the officer attempted to supplement his report to add further evidence of intoxication. We thoroughly cross-examined him, and also asked the Judge to simply review the tape, knowing that this would bring out the inconsistencies in the officer°s testimony.

At the conclusion of the hearing, the Judge took the matter "under advisement" and set the matter for a decision on a later date. On the date of the next hearing, the Judge read into the record her findings of fact, and ultimately agreed that the officer did not have probable cause to arrest. The order of the court therefore suppressed all information gathered after the stop, including all of the observation evidence and the breath test results, effectively DISMISSING THE CASE.