CITY-OF-LANSING PROSECUTORS AGREED TO DISMISS CRIMINAL CHARGES AGAINST AN ELDERLY NICHOLS-LAW-FIRM CLIENT RATHER THAN CONDUCT A HEARING CHALLENGING THE ADMISSIBILITY-OF-THE-BREATH-TEST RESULTS. ATTORNEY BRENDON BASIGA FILED A MOTION TO SUPPRESS THE RESULTS OF A SO-CALLED “MOBILE-BREATH-TEST” AND THE CITY ATTORNEY AGREED TO DISMISS THE OWI IN EXCHANGE FOR A PLEA TO A TRAFFIC TICKET FOR CARELESS DRIVING. MR. BASIGA SAID THAT “SUPPRESSING THE .12 BREATH ALCOHOL ANALYSIS WAS CRITICAL AND LIKELY IN MY OPINION BECAUSE OF A NUMBER OF PROBLEMS WITH THE ACCURACY OF THE TEST. I WANTED TO CHALLENGE THE PROCEDURE AND THE RELIABILITY BASED ON WHAT THE CLIENT SHARED WITH ME. FURTHER, THE CLIENT MAY NOT HAVE BEEN ABLE TO SUBMIT TO A TEST BASED ON MEDICATIONS THAT SHE WAS TAKING THAT INHIBITED THE LIVER’S ABILITY TO ABSORB ALCOHOL.” AN EXPERT WITNESS, DR. KARL EBNER, PhD., WAS INSTRUMENTAL IN ACHIEVING THIS RESULT. |