Drunk Driving and Open Intox - DISMISSED for Constitutional Violation
Jun 28, 2016OUTCOME: All Charges Dismissed
Attorney Coltrane was retained to represent a client who had been charged with Operating While Intoxicated as well as having Open Intoxicants in her vehicle. The client was driving home late at night, ... with a police officer following behind her, when she decided to pull into her office complex and enter the building around 3am. The officer subsequently followed her, made her come outside of the building, and then charged her with OWI after he made her undergo field sobriety testing and a PBT. Upon reviewing the police report, Attorney Coltrane filed a Motion to Suppress based upon an unlawful detention by the Officer based upon his client's reasonable expectation of privacy in the office building. At the Suppression hearing, Attorney Coltrane called the officer to the stand. His detailed questioning lead the officer to admit that he had only followed her on a "hunch," and that he did not have probable cause to effectuate a detention of the client and force her to avail herself outside of the building. Once all proofs were taken in open court, the Judge ruled in Attorney Coltrane and his client's favor, and DISMISSED ALL CHARGES! The client was thrilled with the outcome, and the United States and Michigan Constitutions won the day!
