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Tuesday, February 2, 2010
By Michael Nichols
Categories: Wendy M. Schiller-Nichols, OWI
Thanks to the excellent cross-examination conducted by Wendy Schiller-Nichols of the arresting police officer, Client will not lose her driver's license for 1 year or receive 6 points on her driving record. Following arrest for OWI, Client was taken to the police station where she refused to blow into the breath machine or Datamaster. In Michigan, a person will lose their license for 1 year and receive 6 points on their driving record for refusing to take the breath test at the police station following arrest for OWI. It is rare to win these hearings because of the 4 elements that the officer has to meet. Ms. Schiller-Nichols argued that the police officer did not have probable cause to pull over her client for OWI in the first place, let alone get to the point of giving her the preliminary breath test or Datamaster. The hearing officer agreed after viewing the police video that recorded the entire stop and arrest. The officer testified that he pulled the client over because 1) erratic driving, 2) crossing the fog line, and 3) illegal turn. When showing the video, the officer could not identify erratic driving, crossing the fog line or cite the statute of the Michigan Vehicle Code that states that the turn she made was illegal.