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State of Michigan vs. T. B
Court: 1st District Court Monroe, Michigan
Client stopped for improper lane usage and failure to signal. Police officer had observed client braking sporadically, weaving in the lane, and crossing over the fog line three times. Client admitted to drinking "3 tall beers" half hour prior to arrest. During the alphabet, client admitted "I know I messed up, I've had too much to drink". Client also missed fingers during the finger count, and didn't follow instructions when asked to choose a number between 21 and 19. His preliminary breath test was .19, and the evidentiary breath test was .19. Based on client's prior record he was charged as an OUIL / per se, 2nd offense.
During the pretrial and trial preparation of the case it was discovered that the arresting officer had not properly followed the 15 minute observation rule prior to the administering of the breath test. This was despite the fact that the same officer had indicated on the evidence ticket that she had observed the 15 minute observation period.
This information strengthened the client's position during plea negotiations with the prosecuting attorney ultimately agreeing to reduce the charge to a first offense. This benefited the client by avoiding the mandatory five day jail sentence or alternatively the mandatory 30-90 days of community service.