
Elizabeth was stopped for an improper turn in Northville Township. The arrest was captured on video. She was given tickets for OUIL and for Driving While License Suspended. She registered a .10 and a .09 on the breathalyzer. This incident happened before the law was lowered to a .08. Prior to trial the prosecutor offered her an Impaired Driving and a dismissal of the original charges. She was committed to her innocence from the beginning and would not accept any plea offers. Elizabeth was able to produce a cancelled check to show that it was a actually a clerical error that caused her license to be suspended.
During the trial I used the video to repeatedly demonstrate that her driving was normal. The real challenge was the breath test reading of .10, which was an illegal level. She also had a .09 reading, which was a legal level. Before closing I asked the prosecutor if I could borrow a quarter. During my closing I took the quarter out of my pocket and flipped it to demonstrate to our jury that choosing to believe the .10 instead of a .09. would be like deciding the case by flipping a coin. She was acquitted of all charges by a jury of her peers.
Prior to trial I contacted the prosecutor to see if he would give her a civil infraction and dismiss the rest of the charges. He laughed. I said to him, "You're staring down the nose of a twelve gauge shotgun and I just have one question for you. Do you want both barrels or is one going to be enough?". He responded by saying "A challenge. I like a challenge." I said "So do I. That's why you should pick a different case to try."
After trial the prosecutor and I went out for a beer. By total coincidence Elizabeth walked into the bar we were in. She bought the first round. |