DUI Defense Lawyer, Dana Nessel, gets case tossed.
A client hired the Michigan criminal defense attorneys at Nessel & Kessel Law to represent him on a charge of Operating a Motor Vehicle while Intoxicated. The case stemmed from the district court for the City of Novi. The accused registered a .13 on the Datamaster, .05 above the legal limit. The Client was in particularly dire straits as his employment required him to have a valid CDL (Commercial Driver’s License), and any drunk driving related convictions automatically require revocation of a CDL.
The Michigan DUI defense lawyers at Nessel & Kessel Law filed motions requiring the Datamaster results to be suppressed based on the improper administration of sobriety tests by the arresting officer, and by asserting that the arrest was without probable cause. The field sobriety tests issued by the officer are not those which are scientifically recognized by the law enforcement community. Based on the motions, the city attorney dismissed the Operating While Intoxicated charge, and allowed the Client to plead to the amended charge of Disorderly Conduct, which allowed the Client to keep his CDL and retain his employment.