This was a battle of experts, where the doctor for the Defense showed that Mr. Bendle's breathalyzer reading was wrong, due to acid reflux. Mr. Bendle was found Not Guilty.

Officer Barker arrested Mike for OUIL. The arrest was recorded on video. Mike appeared sober on the video. It took the case over a year to get to trial. During this entire time Mike maintained his innocence. Officer Barker repeated the lies that he wrote in his report to the jury. The usual would state that there were bloodshot eyes, slurred speech, unsteady balance, and the strong odor of intoxicants.

Unfortunately for Officer Barker the in car video demonstrated to the jury that he was a liar. Mark suffered from Acid Reflux Disorder. He only had five beers that night. He blew .16 on the breathalyzer. He should have only registered a .05 if he was telling the truth. Dr. C. Dennis Simpson, a toxicologist testified on Mark's behalf. He explained to the jury how acid reflux could bring on mouth alcohol, which would make the result inaccurately high.

The prosecutor called Dr. Felix Adatsi from the Michigan State Police to rebut Dr. Simpson. Prior to getting on the stand Dr. Adatsi chided me by saying "Next time you can just call me and I will explain why your defense is nonsense. You can save your time and your client's money."

Dr. Adatsi testified that the defense was a lie. I told the jury in my closing argument that if they believed Mark then they had to find him innocent and if they thought he was lying they must convict him. At 10:30 AM on the second day of trial the jury found Mike NOT GUILTY.