Michigan Drunk Driving Appellate Decisions

Case Court Year Case Summary
In Re: Hon. Charles C. Nebel, Probate Judge, Alger County & Schoolcraft County Michigan Supreme Court 2010
State of Michigan v David Ray Smith Michigan Supreme Court 2010
State of Michigan v Jessica Starr Barkley Michigan Supreme Court 2010
State of Michigan v Larry Eugene Wilcox Michigan Supreme Court 2010
State of Michigan v Matthew Joseph Soares Michigan Supreme Court 2010
People of the State of Michigan v Blow, Docket No. 288781, unpublished, December 22, 2009 (2009) Michigan Court of Appeals 2009 After an epic battle in the Wayne County Circuit Court in Detroit with experts on both sides, the trial court ruled that the field sobriety tests employed by the officer did not meet threshold standards under Daubert. Furthermore, the BAC Datamaster test was administered improperly by the officer. The Michigan Court of Appeals reversed this decision essentially replacing its judgment for the trial court's factual determinations. A terrible decision!
State of Michigan v Alexander, Docket No. 286661, unpublished, November 19, 2009 (2009) Michigan Court of Appeals 2009 Honey Badger went screaming down the highway at 100 mph, hitting numerous cars along the freeway. He was trying to drive to Lansing to see his girlfriend and "[p]eople would not get the [expletive deleted] out of my way. They were trying to keep me from seeing her so I had to push them out of the way." Trial court judge's departure from minimum sentence affirmed where the court gave clear reasons. "[Y]ou've been suspended drivers license [sic] over 20 different times. I mean, you should have never, ever even been behind the wheel of a car. And then you get--you get behind the wheel of a car and you're taking PCP, and apparently you are so--you are so high on drugs that you then engage in a pattern of driving that starts on I94 in Washtenaw County where you begin ramming cars. And frankly, you're all over the road. I mean, you're ramming them in the right lane, you're ramming them in the left lane." (And yes, Honey Badger appealed this case to the Michigan Supreme Court, but it was also denied.)
State of Michigan v Anthony George Nowakowski Michigan Court of Appeals 2009 ----------------------------------------
State of Michigan v Auri, Docket No. 287838, unpublished October 29, 2009 (2009) Michigan Court of Appeals 2009 Motion to quash was improperly granted. Evidence that defendant was involved in a traffic accident nearby inferentially supported the elements of Operaring While Under the Influence of Controlled Substance Causing Death. See People v Terry, 224 Mich App 447, 451; 569 NW2d 641 (1997). That is all that is necessary to deny the motion to quash.
State of Michigan v Bradley David Mix Michigan Court of Appeals 2009 ----------------------------------------