South Lyon Drunk Driving Dismissed prior to Motion
In a drunk driving case in which Jim Amberg's client was harassed by officers while awaiting his breath test at the police station, the prosecutor, prior to the motion hearing, agreed to dismiss Jim Amberg's client's drunk driving charge in exchange for a civil infraction. The case itself involved the officer repeatedly attempting to coerce the client into taking the datamaster breath test, even though he initially rejected taking the breath test. After viewing the booking video and watching the officer's behavior towards his client, Jim filed a motion to suppress the breath test result as it was a product of coercion and violative of the 4th Amendment. The prosecutor, after watching the video and reading the motion, agreed.