I am in Michigan and I got a drunk driving, first one since 1993 and it is a felony. My attorney has filed a motion to throw out the datamaster due to the 15 minute observation rule, but I'm feeling what he is really doing is giving the prosecutor a heads up, because I really wanted to confront them with this at trial so they were not prepared.
I agree with the other attorneys that have answered this question. To add on, the motion that your attorney filed was both proper and timely because it raises a legal issue. Judges determine legal issues. Juries determine fact issues.
Unlike law as seen on TV, most trials are not conducted by surprise, because issues like these are supposed to be and usually are taken care of well in advance of trial. Further, I especially agree with my colleague on the point that the best way to win a jury trial is to win it before handing it over to the jury.
Best of luck with your motion. It appears you are in good and competent hands from an advocacy perspective.
This is a proper motion for pretrial consideration. This is known as a potentially dispositive motion which means that the case can be dismissed based upon failure to follow datamaster protocol or may be used to suppress the test results. Suppression of the test results may weaken the case to the extent that the prosecutor may back off or make a deal.
Of course, there are times when you would want to ambush a witness at trial but this is not one of them.
Get free answers from experienced attorneys.
23,712 answers this week
2,579 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary