Sample Michigan OWI Cases
Case #40 -Implied Consent Violation
People vs. G.F.
DLAD Southfield
G.F. was stopped for traveling well in excess of the posted speed limit (65 in a 40mph zone). Once the reporting officer activated his signal to stop, the driver took a long time to respond and pull over. Upon contact the driver was unable to produce the vehicle paperwork, and "had a very difficult time trying to take his license out of his wallet". The reporting officer also noted a strong odor of "an alcoholic beverage". His eyes were watery and his speech was slurred.
The driver was asked to exit his vehicle to perform some field tasks. The reporting officer noted on his report that the driver was "too unstable" to perform the one leg stand or heel-to-toe tasks. He skipped letters when trying to recite the alphabet, and also started over once starting. Further, he slurred letters together and spoke slowly. He also was not able to perform the backwards count, missing numbers and also slurring numbers together.
Mr. F refused the roadside breath test and thereafter was arrested for OWI. He also refused the breath test back at the station. The police obtained a search warrant for blood. Two vials of blood were drawn and sent to the State lab for testing.
Upon being retained, we immediately made a demand for a hearing to appeal the officer's determination that our client had violated Michigan's implied consent law. At the hearing we listened very closely to the officer's testimony. At the end of his testimony it was evident that the officer had not meet his burden of proof relative to the third issue, i.e., whether or not the chemical test rights had been properly read. Consequently, the hearing officer granted the appeal, and dismissed the implied consent violation. As a result of this victory, our client's license was not suspended for one year, and six points were not added to his driving record.
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