Charge: Operating While Intoxicated, 3rd, as 2nd Felony
Defendant was stopped by the Michigan State Police on October 5, 2019, at 12:45 a.m. The allegation was that Defendant did not have his headlights on, his windshield was cracked and his license plate was unreadable. The Michigan State Police Trooper indicated he could smell the odor of alcohol. Defendant was given Standard Field Sobriety Tests and subsequently arrested. At the Jackson County Sheriff’s Department Defendant was given a breath test on a DataMaster. The results were .18 and .19.
Mr. Brandt challenged the DataMaster results as being unreliable. He is the only Jackson based attorney to challenge DataMaster results on the basis of improper maintenance of the machine. Mr. Brandt filed a Motion to dismiss the charges based on the unreliable DataMaster results.
On March 10, 2020, all felony charges were dismissed.
