Drunk Driving Trial Strategy in Michigan
In Michigan, a DataMaster operator must be certified to run it. The certification course is limited to police agency personnel. Currently, the course is completed in one day, with a one-hour lunch break, and the schedule is broken down into different categories. The officer is given a certification card that never requires an update or any continuing education. Many departments will require their officers to conduct firearms training and performance reviews every six months. It is a sad commentary that officers will train continually with a weapon (that one hopes they will never have to use) and never take even a refresher course with the DataMaster machine they will use three to four work days each week for their entire career.
A review of the manual will show that the level of “training” is very minimal, but this summary level of training, given before an officer is sent out on patrol, provides several areas of relevant questioning. For example, when an officer is testifying as to the accuracy of the machine and his or her training, one good question to ask is whether more time was spent on the lunch break rather than on understanding and following the administrative rules. Effective use of the training manual during cross-examination can cause serious damage to the officer’s credibility and, by association, to the efficacy of the test results.
A review of the manual will show that the level of “training” is very minimal, but this summary level of training, given before an officer is sent out on patrol, provides several areas of relevant questioning. For example, when an officer is testifying as to the accuracy of the machine and his or her training, one good question to ask is whether more time was spent on the lunch break rather than on understanding and following the administrative rules. Effective use of the training manual during cross-examination can cause serious damage to the officer’s credibility and, by association, to the efficacy of the test results.