Charge: Operating While Intoxicated, 3rd
Defendant was stopped for defective equipment and because the owner of the vehicle had a suspended license. Defendant (driver) was asked to step out of the vehicles. The Michigan State Police Trooper stated he could smell alcohol and Marijuana on Defendant. Defendant was given Standard Field Sobriety Tests, arrested and taken to jail. The lab report indicated that he had THC in his system.
Mr. Brandt fought the charge pointing out that Standard Field Sobriety Tests are not valid to determine impairment of driving under the influence of THC. The use of Marijuana is legal in the State of Michigan. Absent any proof of impaired driving, the charges must be dismissed.
On January 31, 2020, all felony charges were dismissed.
