People V. Klotz
Nov 08, 2006OUTCOME: Not guilty
Client stopped for failing to dim bright lights. Police officer stopped vehicle asked to perform field sobriety tests. Officer claimed Defendant failed all tests. Client refused on scene PBT test. ... Arrested for Drunk Driving client indicated had one beer. At Muskegon County Jail client registered a .21 on the BAC Datamaster almost three times Michigan's legal limit. Prosecuting Attorney made no offer to settle. 3 day jury trial on DUI 2nd. Jason Barrix learned through digent research that the BAC Datamater was taken out of service three days after client's arrest. Prosecutor used State LAb toxicologist, State Trooper in charge of all breath machines, president of manufacturer of BAC datamaster(breathalyzer) and arresting deputy. Our witness included a toxicologist, neuropsychopharmacologist, client and passenger. Testimony that the Breathalyzer was unreliable, filed sobritey tests either performed correctly or administered wrong by Deputy and Client and passenger testified he only had one beer the entire night. Jury found not guilty. Indicated the test results were all unreliable and government could not prove case. Client was facing upto one year in jail, minimum of five days and total revocation of driver license. Plus fines costs probation and treatment.
