Attorney Scott G. Millard's Legal Cases

Criminal defense

.08 OWI 2nd - Not Guilty

Jun 26, 2013

OUTCOME: Not Guilty of OWI

Client was charged with OWI as a result of putting client's friend's car in the ditch after hydroplaning through a puddle while using his cell phone. A State Trooper justified his arrest based upon tw ... o standardized field sobriety tests and two non-standardized tests. Client's DataMaster DMT breath score was a .08. After cross examination of the Trooper revealed that he did not follow his training in conducting field sobriety tests that focused on client's balance during rain and wind; and after the state's expert admitted that the allowable margin of error of the machine could have wrongfully read a lawful BrAC as an unlawful BrAC the jury came back with a NOT GUILTY on OWI. Client was convicted of the lesser included offense of Operating While Visibly Impaired.

Criminal defense

.20 BAC OWI and DWLS - NOT GUILTY

Jun 07, 2013

OUTCOME: Not Guilty

The state police find a vehicle crashed in the ditch. Client walks up and states that the truck belongs to him. Trooper accuses client of driving. Client denies, but the Trooper, another Trooper, an ... d an EMT all testify that the client admitted to driving the vehicle. Troopers were forced to admit that they did a bad investigation and neglected to talk to important witnesses. The jury saw the truth and found client "NOT GUILTY."

Criminal defense

GVSU - MIP - passenger in car

May 09, 2013

OUTCOME: $100.00 civil infraction

Client was a passenger in a vehicle stopped by a GVSU police officer. The vehicle had 6 occupants. Three additional GVSU officers arrive as backup. The driver is sober, however the police allege tha ... t they can smell "the odor of intoxicants emitting from the vehicle." Officers pull students out one-by-one. Client is removed and refuses PBT and denies drinking. Officers force him to submit to HGN (eye test) and note no clues to indicate alcohol consumption. An officer removes a back pack from the vehicle located where client was seated. Client denies ownership and all other occupants deny ownership. Officer asks driver permission to search the bag. Driver reiterates that driver doesn't own the bag and officer alleges driver consents to search. Search reveals 5 cans of beer. I had motion to dismiss in hand when I explained that three circuits disagreed with prosecutor's belief that the driver could consent to a search of a bag that did not belong to the driver. Client ended up with a $100.00 civil infraction instead of reappearing for an evidentiary hearing.

Criminal defense

Grand Valley State University - MIP

Apr 08, 2013

OUTCOME: Nolle Prosequi (Dismissed)

Client was in dorm room when two GVSU police officer began knocking on the door. Client asserted Client's right to be free from unwanted police contact by not answering the door. Unsatisfied the GVSU ... officers continued to knock for 15 - 20 minutes. One GVSU officer entered an adjoining room unlocked the bathroom door and then confronted Client telling Client to answer the door. The GVSU officers then entered, searched the room, and had client submit to a Preliminary Breath Test (PBT). I challenged the constitutionality of the GVSU officers' conduct in a hearing where I called the Resident Assistant (RA) as a witness and another occupant of the dorm room. The Honorable Judge Knoll issued a written opinion that found that the officers' version of what occurred was not "plausible" and that the GVSU officers' continued presence in front of Client's dorm amounted to an unreasonable search. And that the "consent" allegedly obtained by the GVSU officers was the product of coercion and therefore invalid.

Criminal defense

Larceny - $1000.00 - $20,000 and Larceny In A Building,

Apr 01, 2013

OUTCOME: Misdemeanor Larceny $200-$1000

Client was charged with two felonies after an incident in a bar. Prosecutor offered a plea to one felony Larceny In A Building. I highlighted a few selected facts and positive aspects of client's beh ... avior following the incident, whereupon the prosecutor agreed to a misdemeanor resolution for Larceny $200 - $1000. Importantly, client avoided a felony conviction.

Criminal defense

Grand Valley State University - MIP x 2

Mar 27, 2013

OUTCOME: Nolle Prosequi (Dismissed) 2x

I represented two Clients charged with MIPs. Both students were in a dorm room on campus when GVSU police knocked on the door. Client cracked the door and told the officers that everything was fine. ... The GVSU officer forced her way into the dorm room without consent. Another officer then forced entry into the adjoining suite. Officers then administered PBTs to my clients and the other students in the room. I filed a motion and served subpoenas on the Resident Assistants (RAs) that called the police. The RAs told me that they had been ordered by GVSU not to speak with me. GVSU then hired a law firm to prevent the RAs from being compelled to testify at a motion hearing. The judge denied that request. Prior to the hearing the Prosecutor dismissed both MIP charges before I was able to have the hearing and present evidence of the illegal entry into the dorm room and what I preceived to be witness tampering on the part of GVSU.

Criminal defense

Grand Valley State University - Probation violation and MIP 3rd

Mar 20, 2013

OUTCOME: Guilty to Probation Violation, Dismiss MIP 3rd, Not charge subsequent violation

Client was facing a probation violation and a new criminal charge for MIP 3rd offense. Officers had illegally enterd client's residence without consent. I was able to work out a deal after discussion ... s with the probation agent, the prosecutor, and the judge, whereby client would take responsibility for the probation violation and have the MIP 3rd offense dismissed and that a subsequent occuring violation would not be charged.

Divorce and separation

Motion for Temporary Spousal Support

Mar 13, 2013

OUTCOME: Motion For Temporary Spousal Support Denied

I was retained by client on the night before the Plaintiff Wife's Motion for Temporary Spousal Support. I was able to obtain bank records and enough information to prepare to cross examine the Plainti ... ff. Plaintiff testified, with the help of her attorney, regarding the reasons for needing spousal support. Plaintiff was unemployed. Upon my cross examination it came out that the Plaintiff had removed and concealed $5000.00, that Plaintiff had went on gambling trips to the casino, that my client had been providing her with money as needed, that my client was essentially homeless, and that the amount of money requested was largely baseless. My cross examination of the Plaintiff demonstrated that she was incredible and resulted in a few tears being released after being caught in her lies. My Client was pleased when the Judge ordered that the motion be denied and limited my client's duties to paying the actual utility bills mailed to the parties' business.

Criminal defense

Grand Valley State University - MIP

Mar 06, 2013

OUTCOME: Nolle Prosequi (Dismissed)

GVSU officers entered a dorm room, with the permission of the resident, and demanded that the occupants take preliminary breath tests (PBTs) and then questioned them about drinking. At a motion hearin ... g, I was able to lock in that the officer failed to observe my client for an adequate amount of time before administering the PBT. As a result the judge suppressed the PBT. The judge then stated that he would issue an opinion on the issue of whether the questioning should be suppressed because of the officer's failure to give client Miranda warnings. Before the judge could issue his opinion the prosecutor dismissed the case.

Criminal defense

Driving While License Suspended 2nd

Feb 08, 2013

OUTCOME: Not Guilty

Client was suspected of having been involved in a gas pump drive off. After being detained by police, next to a vehicle that he admitted to having operated, the police discovered that his license was ... suspended. Client was arrested on an outstanding warrant for driving on a suspended license in a neighboring county. Client's statement was that the client did not know the license was suspended. At trial the prosecutor sought to prove up the suspension with a document certified as having been printed from a computer linked to the Secretary of State's system. I objected to the admission of the document as hearsay. At the conclusion of the case the judge acquitted my client of Driving While License Suspended 2nd Offense because of the prosecutor's inability to establish that the license was suspended or that my client had notice of the suspension. Its typically not advisable to waive your right to a jury unless its done for a valid reason. Some cases force the attorney to adapt and attack the circumstances that arise in the middle of trial. This case was one of those instances.

Scott G. Millard's Legal Cases (29)

.08 OWI 2nd - Not Guilty

.20 BAC OWI and DWLS - NOT GUILTY

GVSU - MIP - passenger in car

Grand Valley State University - MIP

Larceny - $1000.00 - $20,000 and Larceny In A Building,

Grand Valley State University - MIP x 2

Grand Valley State University - Probation violation and MIP 3rd

Motion for Temporary Spousal Support

Grand Valley State University - MIP

Driving While License Suspended 2nd