Boyle’s Sample Cases
People v N.T.
Court: 32B District – Grosse Pointe
Charge: OWI, PBT refusal, Implied Consent Violation
Result: Not Guilty
Client was stopped after officer claimed to observe car cross centerline, almost hit back of city bus, change lanes without signaling, and fail to maintain lane of travel. Officer conducted FSTs including Horizontal Gaze Nystagmus (HGN), One Legged Stand, and Walk and Turn, and testified that client failed all three. Upon a thorough cross examination, officer admitted that he performed the HGN test improperly, that it was unreliable, and unfair to consider his previous testimony. We were able to establish several inconsistencies and contradictions based upon the in-car video and the officer’s testimony. Finally, we established that the alleged DataMaster test refusal was an Operator Refusal (the officer’s discretion) and not a subject or Technical Refusal. Jury deliberated and acquitted.
Result: Not Guilty
—
People v D.N.
Court: 53rd District – Brighton
Charge: OWI
Result: Not Guilty
Client was arrested for OWI after officer found him sleeping in his truck, with the engine running, in a public parking lot. Client did poorly on field tests, submitted to a PBT (.22), and was arrested. At the station, client submitted to DataMaster test and had two tests of .24. Prosecution offered Impaired (OWVI). Our motion to dismiss was denied. At trial, we were able to establish through witnesses and evidence that client did not drive to that location while under the influence, and more importantly, successfully argue that the Government could not prove their case beyond a reasonable doubt. Jury deliberated for approximately 10 minutes and acquitted.
Result: Not Guilty
—
People v M.B.
Court: 15th District – Ann Arbor
Charge: OWI
Result: Reckless Driving
Police were dispatched for a possible drunk driver. Officers arrived in the parking lot of client’s apartment complex just as she parked her car. Client failed FST’s, had an odor of alcohol, and open container were located in the vehicle. A PBT resulted in a .097 reading, and subsequent DataMaster resulted in .08 and a Refusal. Plea agreement to Reckless driving was achieved through negotiations prior to arguing Motion to Dismiss.
Result: Reckless Driving, OWI dismissed
—
People v J.H.
Court: 75th District – Midland
Charge: OWI, PBT Refusal
Result: Disorderly Person
Officer made traffic stop after client made a left turn in a no-turn intersection. Officer claimed client failed HGN and Walk & Turn, but passed the One-Legged Stand. The PBT was refused, and subsequent DataMaster resulted in a .08 and an “invalid sample”. Review of the in-car video revealed officer failed to follow National Highway Traffic Safety (NHTSA) Standards for the field sobriety tests, and therefore compromising the results. Further, review of the DataMaster simulator logs revealed failure to comply with the administrative rules for breath testing. Defense Expert was retained to testify as to those failures and potential GERD defense for client. Morning of Trial, prosecutor offered Disorderly Person, and dismiss OWI and PBT Refusal.
Result: Disorderly Person, OWI dismissed.
—
People v N.K.
Court: 64A District – Ionia
Charge: OWI
Result: Careless Driving
Officer made traffic stop after observing truck almost hit curb, then cross over center line, then back to curb before rolling through flashing red light. Client had slurred speech, glassy eyes, had to use truck for balance, and strong odor of intoxicants. Client stated, “not good, this is not good at all”. PBT resulted in a .161, and subsequent DataMaster resulted in .17 and a “refusal”. The refusal was allegedly a “Subject Refusal”. Prior to filing and oral arguments for Motion to Suppress Chemical Test, plea negotiations resulted in Careless Driving, a civil infraction plus court costs.
Result: Careless Driving, OWI dismissed.
—
People v D.R.
Court: 56A District – Charlotte
Charge: OWI
Result: Careless Driving
Officer made traffic stop after allegedly observing client speeding (80 mph in a 45 mph zone) on motorcycle. Client admitted to consuming three beers earlier in the evening. Officer conducted 4 tests, which client passed 3 under the National Highway Traffic Safety Administration standardized scoring method. Client refused PBT and DataMaster tests, and officer failed to obtain a blood test. Client had 3 prior alcohol related driving offenses. Through negotiations, client pled responsible to an Amended charge of Careless Driving and PBT Refusal ticket at the Arraignment. Further, no Implied Consent Violation was imposed.
Result: Careless Driving, OWI and PBT refusal dismissed, and No Implied Consent Violation.
—
People v R.B.
Court: 60th District – Muskegon
Charge: OWI
Result: Careless Driving
Officers arrived to scene of property damage accident. Client and friend were in car that was hit after a truck failed to stop at Stop sign. After hour long investigation of the crash, having cars towed, and getting statements from all witnesses, client was investigated and arrested for OWI. Officer alleged client failed all 3 standardized field sobriety tests, and had a .12 PBT. Subsequently, DataMaster resulted in .12 and .12. Client was from out of state and had a prior offense in 2006. The morning of trial prosecutor offered Careless Driving and dismissal of the OWI.
Result: Careless Driving, OWI dismissed.
—
People v J.M.
Court: 12th District – Jackson
Charge: OWI
Result: Reckless Driving
Client was stopped for crossing dividing line several times and speeding. Client did not perform well on FST’s, but Officer did not comply with Standard Testing Procedures according to NHTSA. Client was arrested for OWI and subsequent DataMaster test resulted in two .16 and .16. A Motion to Suppress the Horizontal Gaze Nystagmus and PBT was filed and a letter requesting reduction was filed with the Prosecuting Attorney office. Client was an E-5 Sergeant in the United States Marine Corps, and would be facing Dishonorable Discharge with an OWI. These issues were discussed with Prosecutor prior to conducting the motion hearing. Negotiations resulted in plea to Reckless Driving.
Result: Reckless Driving, OWI dismissed. Not discharged from Marines.
—
People v C.M.
Court: 55th District – Mason
Charge: OWI, Leaving Scene of Property Damage Accident (PDA)
Result: Careless Driving
Officer dispatched to possible hit and run accident, where fire hydrant was found to be knocked over and car was left at the scene. Police arrived at registered owners home where she was found to be intoxicated. Client admitted to drinking wine earlier. A PBT resulted in a .101 reading. She was arrested and DataMaster resulted in a .08 and .08. Thorough review of DataMaster simulator logs resulted in finding several deviations from the Administrative Rules regarding breath testing. A jury was picked and a trial date was scheduled. The morning of Trial prior to Opening Statements, prosecutor dismissed OWI and leaving the scene of PDA, and client pled Responsible to Careless Driving.
Result: Careless Driving, OWI and Leaving the Scene of PDA were dismissed.
—
People v M.M.
Court: 67-4th District – Flushing
Charge: OWI
Result: Reckless
Officer made traffic stop after observing client make a turn “at a high rate of speed”. Officer claimed that client had odor of alcohol, slurred speech, slumped against the door, and bloodshot eyes. The officer conducted 5 field tests, however, none were Standardized Field Sobriety Tests. Further, no PBT was administered because the officer did not have one in his patrol unit. Client was arrested, and subsequent DataMaster resulted in .17 and .17. Motion was filed to dismiss for lack of probable cause for a valid arrest. Client subsequent pled to Reckless Driving.
Result: Reckless Driving, OWI dismissed.
—
People v K.S.
Court: 54A District – East Lansing
Charge: OWI (2nd)
Result: Reckless
Client was stopped for failure to stop at stop sign. Officer detected an odor of alcohol and an empty wine bottle in the back seat and requested client to perform FST’s. Officer administered 5 FSTs and according National Highway Traffic Safety Administration scoring system client passed all tests. However, officer still requested a PBT but was conducted in violation of the administrative rules. She was arrested and subsequent DataMaster resulted in a .12 and .12. Motion to Dismiss for Lack of Probable Cause was filed. Prior to the motion Hearing client accepted a plea to Reckless driving and the OWI was dismissed.
—
People v M.K.
Court: 36th District – Detroit
Charge: OWI
Result: Case Dismissed
Officer made traffic stop on client for allegedly crossing center line and speeding. Client performed well on FSTs. Client was arrested and subsequent DataMaster resulted in a .10 and .09. Because client was a pending law school student a Special Petition to Wayne County Prosecutors Office was filed requesting permission for reduction, which was denied. Case was scheduled for Trial. Case was ultimately dismissed at Trial for insufficient evidence.
Result: Case Dismissed.
—
People v R.P.
Court: 70th District – Saginaw
Charge: OWI
Result: Reckless
Officer observed Truck fail to stop at intersection, and then swerve towards fog line and then centerline prior to making the traffic stop. Officer detected odor of alcohol and client admitted to drinking. Client failed 4 FSTs conducted by the officer and refused to take the PBT. Officer placed client under arrest for OWI. Client refused the DataMaster and a warrant for a blood test was obtained, and client’s blood was drawn. Client had 3 prior alcohol related driving offenses out of state since 1997. Was able to negotiate a Reckless Driving and fine and avoid Trial.
Result: Reckless Driving, OWI dismissed.