Thursday, July 29, 2010

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Administrative Rules

More Faulty Breath Tests

June 10, 2010

Breath test results are the most common forms of evidence used to convict Michigan drivers accused of drunk driving.  There is an expectation and a trust that because these breath testing machines, in Michigan called “DataMasters,” are properly maintained by the police.  Other states have shown that this trust is often misplaced. This time the [...]

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Home State Driver License Sanctions for Michigan DUI

May 14, 2010

If you are an out-of-state driver accused or convicted of a Michigan DUI, understanding what driver license sanctions might apply can be a tricky business.  There is a second question you may have after a Michigan DUI conviction, which is “when will the driver license sanctions be applied?” Because of our federalist system, Michigan can [...]

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Violation of Breath Testing Adminstrative Rules Might Lead to Suppression of Results

December 1, 2009

The Michigan administrative rules for breath testing require that the breath test operator in a drunk driving case observe the suspect continuously for 15 minutes prior to administering the breath test. The reason the 15 minute rule exists is because it takes about 15 minutes for mouth alcohol to evaporate.  If mouth alcohol exists then [...]

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What do Global Warming and Drunk Driving Defense Have in Common?

December 1, 2009

Answer: Scientists involved in the prosecution of drunk and drugged driving and global warming both use science and scientific principles to make their case.  Some also believe that both misuse science and hide the truth in order to mislead the public. Regarding global warming this point is made in an article entitled Secrecy in science is a [...]

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Thousands of Breath Tests Improperly Admitted in Michigan DUI Trials

October 7, 2009

In a Michigan drunk driving case it is typical for the breath test results to be entered into evidence based solely on the testimony of the breath test operator.  The precedent “foundation” for the admission of the breath test results usually includes only the admission of the simulator logs.  According to Michigan’s administrative rules governing breath [...]

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Michigan’s First Melendez Diaz Motion?

August 6, 2009

I rarely write about war stories, but thought this one might be a good one to relate on this blog. First some background. In some courts in Michigan a jury in a drunk driving case is picked one day and subsequently a trial date is set. The trial date may be several weeks later. It’s also very typical [...]

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