Client was charged with the crime of OUID, operating a motorized vehicle while under the influence of drugs or alcohol or a combination of the two.
The complaint states:
STATE OF MICHIGAN, COUNTY OF WAYNE
The complaining witness says that the defendant did, on September 29, 2011, near w. Jefferson and fifth Street in the City of Trenton, operate a motor vehicle while under the influence of a combination of alcoholic liquor and controlled substance, contrary to MVC 257.625 (2)(a).
On or about September 29, 2011 client was arrested in the city of Trenton after a traffic stop.
2 tubes of blood were drawn at the hospital. Almost 9 months later the lab work from the State Police Lab was returned and indicated the following blood levels:
Item #1
Detected
0.04 grams alcohol per 100 milliliters blood
Item #2
Detected
Alprazolam 36 ng/ml
Carisoprodol 5692 ng/ml
Meprobamate 8223 ng/ml
Diazepam 207 ng/ml
N-desmethyldiazepam 239 ng/ml
How we analyzed the case:
The Police officers testimony suggested that our client was drugged out at the time he was driving.
As is often the case, the police report and the allegation of criminal behavior were very different than our client’s version of the facts. Additionally, our client’s wife was in the car throughout the entire incident and was in a position to testify at trial contrary to all of the police officers observations and allegations.
The analysis of the toxicology reports was critical to developing our trial strategy. Our in house expert toxicologist and pharmacologist Karl Ebner confirmed that the levels of alcohol indicated the client was presumptively not intoxicated. The test also established that the levels of Diazepam (207 ng/ml) were within the therapeutic levels and consistent with the doctor proscribed amounts. In other words the levels of diazepam were indicative of medical use and not abuse.
As we prepared for trial it became apparent the city attorney did not want to try this case.
Unlike the crimes of (OWI) Operating While Intoxicated or Operating with Any Presence of a Controlled Substance, the charged crime in this case OUID requires different proofs at trial and has very different jury instructions.
Final disposition: Misdemeanor OUID charges dropped, client admitted responsibility to a civil infraction, and received a fine.
