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Friday, March 23, 2012
By Michael Nichols
Categories: Wendy M. Schiller-Nichols
Attorney Wendy Schiller-Nichols won a Motion to Suppress for her client who was charged with an OWI (Operating While Intoxicated). This was the client’s second drunk driving charge within 4 years. The best offer from the prosecutor was Operating While Intoxicated, First Offense with probation, counseling, pay Secretary of State $1,000 for two consecutive years, 6 points and suspended license for 1 year (since this was his second offense within 7 years). Wendy Schiller-Nichols filed a motion to suppress for her client based upon lack of articulable reasonable suspicion to stop her client. The officer testified that he observed swerving and crossing or riding the center line on multiple occasions. The Judge agreed with Wendy Schiller-Nichols’ argument that there was not enough swerving or crossing the line that rose to the level of giving the officer probable cause to stop her client. The Judge granted the motion stating that the type of driving he observed on the video did not rise to the level that would violate the Michigan Motor Vehicle Code.
The driving was captured on the officer’s in-car video camera. During the cross-examination of the officer, Wendy Schiller-Nichols asked the officer to articulate each and every spot that her client either swerved or crossed the centerline. The officer identified at least ten locations on the video where he observed swerving or crossing the centerline. Wendy Schiller-Nichols argued that the video recording confirmed that her client drove exactly as required by the Michigan Vehicle Code.
The Court reviewed the in-car video and found that the driving does not rise to the level that constitutes violations of the Motor Vehicle Code. In essence, the driving does not indicate offenses that merit the stop of his vehicle. The Judge granted Wendy Schiller-Nichols’ motion to suppress; therefore, all evidence flowing from the traffic stop (including the arrest for Operating While Intoxicated) was suppressed, meaning the prosecutor cannot use it at trial. In essence, the charge of Operating While Intoxicated will be dismissed.