48th District Court Drunk Driving .15 NOT GUILTY!!!

In a case that left the prosecutor stunned, Jim Amberg was able to successfully obtain a not guilty verdict in the 48th District Court, before Judge Diane D’Agostini.  The facts of the case involved a client who worked as a professional truck driver that would have lost his job of 24 years if he was convicted.  Jim’s client was stopped by Bloomfield Hills police for allegedly swerving and driving erratically.  After being pulled over, the client admitted to drinking five to six beers.  The client was able to perform some of the sobriety tests, but was unable to complete the one leg stand for fear of falling over and did not perform the heel to toe test adequately for the officer.  The client was then arrested and at the station he was given a Datamaster breath test with the result of 0.15 blood alcohol level.  However, on the second test, the Datamaster machine registered an “Interference Detected” on the Datamaster ticket.  The officer did not require the client to perform any further tests.

At trial, Jim knew the client’s life and livelihood were on the line.  After laying out the issues to the jury at opening statements, Jim proceeded to perform devastating cross examinations on both officers.  Although the prosecutor attempted to label Jim’s cross examination and arguments as mere red herrings, the jury disagreed and found the client NOT GUILTY of all charges!!!!!