Westland DUI Charges - Judge Sandra A. Cicirelli and Judge Mark A. McConnell
If you've been charged with a DUI in Westland the 15-minute rule will apply to administration of the DataMaster. Recently there has been new language adopted, which reads as follows:
… The observation may be conducted by more than 1 operator working in concert. The operator need not stare continuously at the subject, but must be close enough to be aware of the person's actions and conditions. The operator may complete paperwork, enter data into the breath test instrument, or conduct other reasonable tasks during the observation period provided the subject is within the operator's field of vision. Breaks in the observation lasting only a few seconds do not invalidate the observation if the operator can reasonably determine that the subject did not smoke, regurgitate, or place anything in his or her mouth during the break in the observation.
This means that cases in the past where an officer looked away for different reasons, and the results were thrown out, will no longer happen. This new language makes more sense, but is still even more power going to the prosecution, and one less avenue for someone charged with a DUI to challenge.
It's important that your Westland DUI Attorney fully examine all the videos in booking room and the test room along with a careful review of the all the police paperwork, which lists times in various places.
… The observation may be conducted by more than 1 operator working in concert. The operator need not stare continuously at the subject, but must be close enough to be aware of the person's actions and conditions. The operator may complete paperwork, enter data into the breath test instrument, or conduct other reasonable tasks during the observation period provided the subject is within the operator's field of vision. Breaks in the observation lasting only a few seconds do not invalidate the observation if the operator can reasonably determine that the subject did not smoke, regurgitate, or place anything in his or her mouth during the break in the observation.
This means that cases in the past where an officer looked away for different reasons, and the results were thrown out, will no longer happen. This new language makes more sense, but is still even more power going to the prosecution, and one less avenue for someone charged with a DUI to challenge.
It's important that your Westland DUI Attorney fully examine all the videos in booking room and the test room along with a careful review of the all the police paperwork, which lists times in various places.