Went to Court yesterday to watch Andrew P. Abood argue with Michael Nichols in and Evidentiary Hearing regarding an Operating While Intoxicated charge. Essentially, the Defendant was charged with Operating a Vehicle While Intoxicated. The interesting thing about the case was the Defendant was sitting behind the steering wheel of the vehicle while the engine was running.
At first glance, many people have the belief that a person can be deemed as operating a vehicle when they sit behind the wheel of a parked car with the engine running. It is important to take some time to form your own beliefs. The Supreme Court of Michigan has heard several cases in this regard. In People v Wood, People v Burton and People v Spencley, Michigan Courts have consistently held that in order to operate a motor vehicle, the Defendant has to put the vehicle in motion.
Essentially, the idea of the hearing was a Motion by the Defense Attorneys to suppress the evidence which the prosecutor is relying on to win their case. Upon cross examination by Abood, the arresting officer was forced to admit he did not follow his own departmental procedures while determining if there was probable cause for the arrest. The officer's department requires that an individual must be observed for a period of fifteen minutes before they are given a Chemical Test or a Preliminary Breath Test. Since the officers recorded the arrest with a camera from two squad cars, it was evident to see this requirement had not been met.
The case has been continued. It will be interesting to see the outcome.
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