CRC was charged with OWI 2nd.
Defendant was stopped for driving without his lights on shortly after leaving a club. Detroit officer's performed field sobriety tests and a PBT within ten minutes of the stop. Defendant was promptly transported to the local precinct where officer's required Defendant to submit to the Datamaster test. From the time of the stop through the Datamaster testing, only 23 minutes had elapsed.
At the time of the stop, Defendant was smoking a cigarette. As such, Defense counsel contended that the PBT was not performed in conformity with the rules governing administration of those tests. Further, the Datamaster test result was also performed outside the rules because the testing officer did not observe Defendant for 15 minutes prior to administering the Datamaster test.
Despite multiple communications, issuance of subpoenas, and an Order entered by the Court, the police and prosecuting attorney refused to turn over video tape evidence and logs regarding the PBT and Datamaster devices.
On the scheduled trial date, only the officer in charge of the case appeared. The prosecuting attorney failed to produce additional witnesses sufficient to respond to the motions pending before the Court, and the case was dismissed.
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