City of Howell v Amell, Docket No. 261228, Unpublished December 19, 2006 (2006) |
Michigan Court of Appeals |
2006 |
IMPORTANT CASE: What does it mean if a motorist blows under the legal limit? Is the prosecutor required to provide expert testimony as to what an arbitrary number means? Yes, according to several out-of-state decisions, but NO according to the Michigan Court of Appeals. According to the Court of Appeals, a jury can figure it out on their own (even though most people are not actually intoxicated at .08, and the jury instructions tell jurors to give a chemical test whatever weight they believe it deserves.) This is a terrible decision and not particularly well developed. |
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