Sample Michigan OWI Cases
Case #8 - MI OUIL 2nd Offense
City of Auburn Hills vs. B.P.
52-3 District Court
Rochester, Michigan
OUIL 2nd Offense
During the pretrial process the prosecutor offered no reduction, so client
decided he had no choice but to proceed with trial. The police report
indicated that the reporting officer observed the client's vehicle
"swerve over white line hitting the shoulder. Vehicle then changed
lanes from left to right, twice without signaling. Vehicle got onto the M-24
interchange. I observed vehicle cross over white line to left, and then exit
onto N.B. I-75. Vehicle then crossed the white lines to right twice on
N.B.-75"
The report further indicated that driver had a strong odor of intoxicants,
bloodshot eyes, and slightly slurred speech. The officer administered six
field sobriety "tests", including the alphabet, counting
backwards, horizontal gaze nystagmus (HGN), "standing Romberg"
(also known as the modified position of attention test) the heel-to-toe, and
the one-leg stand. The driver hesitated on the first try for the alphabet,
and missed the letter "m". He did complete the number count, but
the HGN indicated jerking eyes at maximum deviation, and prior to 45 degrees
(supposedly this indicates intoxication). The driver could not successfully
complete the other tests, lost his balance several times, was hopping on one
leg, and could not touch heel-to-toe. The report also indicated relative to
his balance that the client was staggering and swaying.
The case did proceed to trial, and through the voir dire process we believed
we were able to obtain a jury that was favorably predisposed to the
defendant. During this process of jury selection we were also able to point
out some of the weaknesses in the prosecution's case. The case was scheduled
to continue a few days later, and just before the arresting officer was set
to take the stand, the prosecutor offered to dismiss the charges, and
instead to allow the client to admit responsibility to the civil infraction
of careless driving. The Court accepted the plea, and dismissed the OUIL 2nd
Offense.
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