On July 4, our client was involved in a single-car property damage accident near his home. His vehicle had flipped, and he sustained minor injuries but had no recollection of the incident. Officers noted red, glassy eyes, an odor of intoxicants, and a statement from the client that he had consumed a few beers earlier that day. Based on these factors, officers requested field sobriety tests, which the client voluntarily performed.
The officer administered the horizontal gaze nystagmus (HGN) test. However, the report documented only 2 of 6 potential indicators. Our review found that the proper foundational elements of the test—such as smooth pursuit—were not observed, raising concerns about its reliability in this instance.
The client, 76 years old and recently involved in an accident, was also asked to perform the walk-and-turn and one-leg stand tests. Research shows these tests can be unreliable in older individuals or those with health concerns.
A preliminary breath test (PBT) produced a result of 0.074—below Michigan’s legal limit of 0.08. A later blood test from the Michigan State Police reported 0.068. Despite this, the prosecutor pursued charges under the theory that alcohol substantially impaired the client’s ability to drive, contributing to the crash.
After being retained, we conducted a thorough investigation—into the incident and the client himself. We discovered he had a history of cough syncope, a condition that can cause sudden loss of consciousness due to reduced blood flow. This aligned with the client’s lack of recollection and supported an alternative explanation for the crash.
We also learned of past driving offenses that could have elevated the charge to a felony. This heightened the importance of building a strong defense. Further investigation revealed the client’s role as a caregiver for his wife, who was undergoing cancer treatments. We presented this medical context and documentation to the prosecutor.
After continued litigation and negotiation, the prosecutor agreed to amend the charge to a civil infraction: careless driving. The misdemeanor OWI was dismissed, potential felony charges were avoided, and the client retained his license and freedom to continue caring for his wife.