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Sunday, June 12, 2011

Operating While Intoxicated dismissed by Ingham County Judge

By Michael Nichols

 After a hearing on June 9, 2011, before an Ingham County District Court Judge, the judge granted Attorney Wendy Schiller-Nichols' Motion to Suppress.  The police report stated that the officer stopped Ms. Schiller-Nichols client because he observed the driver weave and drift within her lane numerous times and crossed the fog line and the dotted left line that divides the two westbound lanes of I-496.  The driving was recorded per the police officer's in-car camera.  On direct examination, the officer testified that in addition to weaving and drifting, the driver was driving slower than the 70 mph posted speed limit.  On cross examation, Ms. Schiller-Nichols got the officer to agree that (1) he did not stop the client because she was driving too slow; (2) that driving slower than the speed was not unusual considering the weather conditions that it was raining; (3) that the client "hit" (versus "crossed") the fog line and dotted center lines on I-496.  The judge took considerable time in reviewing the video and the case law before making it's oral ruling.  The judge stated that he remains persuaded by Tennessee v Binnette in that that vehicle crossed the yellow line several times and the vehicle made a hard swerve.  The judge was also persuaded by U.S. v Freeman, especially the last paragraph which states that, "if failure to follow a perfect vector down the highway . . . were sufficient reason to suspect a person of driving while impaired, a substantial portion of the public would be subject each day to an invasion of their privacy."