WS, was charged with OWI -- Any Presence of a Controlled Substance.
 Following a minor traffic accident, Defendant volunteered to provide a blood sample for investigating police officers. The investigating officer claimed to detect the scent of marijuana but found no evidence of narcotics.

Defendant’s blood measured 20 nanograms of marijuana metabolite but no marijuana was detected. The 20 ng/mL represents an extremely small amount, indicating that the Defendant may have been inadvertently exposed to marijuana or another substance. No explanation was provided by the Michigan State Police Forensic Laboratory as to why no actual marijuana was detected, but the prosecutor attempted to proceed with the case.

Filing several motions, including challenges against the scientific evidence and multiple Constitutional challenges, the case was scheduled for trial but ultimately dismissed by the prosecuting attorney in light of the challenges.

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Outrageous Statistics
Criminalizing Our Citizenry: According to PAAM, the Prosecuting Attorneys Association of Michigan, in 2002 there were 53,166 drunk driving convictions in Michigan, (including 2nd and 3rd offenses). There were 23,939 convictions to OUIL, 29,227 convictions to Impaired Driving, and 145 trial acquittals. Another 1,366 charges were reduced to a non-alcohol offense.