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CRIMINAL LAW 16: The trial court did not err in refusing to order a Daubert hearing as to the reliability of the DataMaster breathalyzer device as MCL 257.625a(6)(a) shows the Legislature has determined that the device’s results are valid and reliabl

UNDERLYING FACTS

In the early afternoon of November 4, 2016, defendant was pulled over after an officer was dispatched for a possible drunk driver. The officer had defendant exit his vehicle and perform several field sobriety tests. Those tests included a horizontal gaze nystagmus (HGN) test, alphabet and counting tests, which required defendant to say his English alphabet from C to X and to count backward from 99 to 77 while tilting his head back and closing his eyes, as well as standing and walking tests that are not the subject of the instant appeal. The officer testified that, on the basis of defendant’s performance of the HGN test, he believed defendant had intoxicants in his blood. The officer administered a preliminary breath test to defendant, with a result of 0.16. The officer arrested defendant for operating a vehicle while intoxicated and took him to the Police Department. Defendant was convicted after a bench trial.

BREATHALYZER MERITS ANALYSIS

Defendant argues that in failing to order a hearing under Daubert regarding the reliability of the DataMaster breathalyzer machine, the trial court abused its discretion. The Michigan Legislature, in enacting MCL 257.625a(6)(a), has eliminated the general rule regarding the foundation needed for admission of chemical test results of a person’s breath.  Because the Michigan Legislature has determined that DataMaster breathalyzer results are valid and reliable, the trial court did not err in declining to order a Daubert hearing regarding the reliability of the DataMaster breathalyzer machine.

COMPLIANCE WITH ADMINISTRATIVE REGULATIONS

Defendant argues that the trial court erred when it concluded that defendant’s breath test complied with the applicable administrative rules and that it should have suppressed the breathalyzer test results. The trial court did not abuse its discretion in admitting the DataMaster breathalyzer results. Because the surveillance video of the booking area and  the officer’s testimony demonstrates that the administrative regulations were complied with, the trial court did not err in admitting the DataMaster breathalyzer test results into evidence.

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5 Common Misdemeanors Affecting People in Michigan

Originally posted on 11/08/2019 There are many different levels of crime and the consequences once someone has been charged with them. One bracket of crimes is known as a misdemeanor. Let’s go over this level of crime and some common...

PROBATE 44: The court held that the probate court did not err by declaring a will executed by the decedent invalid on the basis that she lacked testamentary capacity to execute it and that it was the product of petitioner’s undue influence.

Defendant and Decedent met in August 2017. In approximately November 2017, Decedent began talking constantly about wanting Defendant to take her to see an attorney for the purpose of changing her will. On March 19, 2018, Defendant filed a petition...

Michigan Expungement Law Updates For 2021

There has been a new laws regarding expungements for the state of Michigan.  Gov. Gretchen Whitmer signed legislation that expands the criteria for expungements related to traffic offenses, marijuana convictions, and minor...

Wills and Trusts

Originally posted on: 02/14/2014 Aldrich Legal Service provides legal advice and representation for residents in Plymouth, Ann Arbor, and Southeast Michigan. We also review recent legal cases to examine what took place and what we can...

REAL ESTATE 68: Holding that plaintiffs-buyers’ allegations of fraud in this case arising from the sale of a residence did not preclude the trial court from granting defendants’ motion for summary disposition based on a release, the court affirmed.

This cause of action arises from plaintiffs’ purchase of a residence from defendant, who had rights in the house under a land contract from co-defendant, the legal owner of the house. Before the house was for sale, in January 2018, an upstairs...

REAL ESTATE 65: Determining that it could not conclude the trial court erred in its factual findings, and that it did not err in reforming a 2005 deed, the court affirmed the ruling that defendants were fee simple owners of the disputed 50-foot area

This case arose from a real-property dispute between brothers, as well as their respective wives. After a bench trial, the trial court rendered its findings of fact. The trial court determined that plaintiffs did not prove that excluding the...

FAMILY LAW 58: The trial court did not err by denying defendant-father’s motion to change custody and modify his parenting time of the parties’ child without having an evidentiary hearing to determine if there was proper cause or a change in circums

This case arose from a custody and parenting-time dispute between plaintiff-mother and father over their minor child. After father failed to respond to the paternity complaint within the 21 days of receipt of the complaint, mother filed an affidavit...

DIVORCE 53: Although the court affirmed the trial court’s decisions to deny defendant’s motions to set aside the default and the default JOD, it vacated the portions of the default JOD as to the distribution of marital property, custody, parenting t

Plaintiff filed for divorce. Defendant filed an answer and a counterclaim for divorce.  Plaintiff and defendant were both ordered to appear at the settlement conference. After defendant failed to appear, the trial court entered a default. Soon...

FAMILY LAW 53: The trial court erred by treating the parties’ GAL as an LGAL and denying the parties the right to question her at a hearing; however, the trial court did not err in requiring the parties to compensate the GAL for her services.

Plaintiff and Defendant were never married, but share a young son who was born in 2016. The parties have battled over custody, child support, and other parenting issues ever since. In the spring of 2019, the parties filed competing motions to modify...

The Difference Between Theft, Robbery, and Burglary

Original Post: 1/11/2019 Often, burglary, robbery, and theft are used interchangeably even though there are distinct differences between all of them. Though, what all three do have in common is they may involve the unlawful taking of...

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