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Sunday, March 8, 2015
By Michael Nichols
Categories: Michael J. Nichols, Drunk-Driving, OWI
"I think he was pretty intent on arresting him ..." were the words of a District Court Judge in Ludington on Friday March 6, 2015. Judge Peter Wadel of the 79th Judicial District suppressed the use of so-called Standardized Field Sobriety Tests or "SFSTs" in the trial of a Michigan State Police Trooper charged with OWI. The judge did not go so far as to dismiss all of the evidence in the case finding that the existence of an empty container in the trooper's personal car coupled with 2 driving "cues" and the presence of glassy bloodshot eyes and the odor of intoxicants were just barely enough to support the warrantless arrest. The trooper was off-duty when he was arrested by a Ludington Police officer after the bars closed in Ludington at 2 am on January 17th. He remains on "desk duty" pending the outcome of the case.
Nichols, a resident of Meridian Township, says more motions may be coming and there are other issues in the case. "For now, we prepare for trial. Everyone should get a fair shot and the same consideration when charged by the government with a crime," he says.
A full link to the article can be found here:
http://www.shorelinemedia.net/ludington_daily_news/news/local/article_4b0f7212-c435-11e4-8d4d-db7a4ea8c7a6.html?mode=jqm
For the lawyers who are committed to results, call Mike Nichols at 517 432 9000 or email mnichols@nicholslaw.net