People v. Hullet
(Drunk Driving and Driving While License Suspended)
35th District Court Plymouth
Elizabeth was stopped for an improper turn in Northville Township. The arrest was captured on video. She was given tickets for OUIL and for Driving While License Suspended. She registered a .10 and a .09 on the breathalyzer. This incident happened before the law was lowered to a .08. Prior to trial the prosecutor offered her an Impaired Driving and a dismissal of the original charges. She was committed to her innocence from the beginning and would not accept any plea offers. Elizabeth was able to produce a cancelled check to show that it was a actually a clerical error that caused her license to be suspended.
During the trial I used the video to repeatedly demonstrate that her driving was normal. The real challenge was the breath test reading of .10, which was an illegal level. She also had a .09 reading, which was a legal level. Before closing I asked the prosecutor if I could borrow a quarter. During my closing I took the quarter out of my pocket and flipped it to demonstrate to our jury that choosing to believe the .10 instead of a .09. would be like deciding the case by flipping a coin. She was acquitted of all charges by a jury of her peers.
Prior to trial I contacted the prosecutor to see if he would give her a civil infraction and dismiss the rest of the charges. He laughed. I said to him, “You’re staring down the nose of a twelve gauge shotgun and I just have one question for you. Do you want both barrels or is one going to be enough?”. He responded by saying “A challenge. I like a challenge.” I said “So do I. That’s why you should pick a different case to try.”
After trial the prosecutor and I went out for a beer. By total coincidence Elizabeth walked into the bar we were in. She bought the first round.