Abood Law Firm Gets Case Dismissed

Operating While Intoxicated

Early in the evening a police officer was dispatched to the parking lot of an establishment located in Okemos. A caller who was unknown to the officer reported that a woman appeared to be intoxicated. The caller elected to call the police when, according to him, he observed the woman’s engine start. The officer responded within minutes of the phone call and parked his vehicle behind the woman’s legally parked vehicle, blocking it in the parking space.

Although no witness had observed the vehicle move beyond its stationary position, including the officer, he proceeded to the driver’s side of the vehicle. According to the officer, the engine was running, but the vehicle was in park and the driver appeared to be asleep. Despite having never observed the vehicle in motion and being told that the Defendant was going to call for a ride home, the officer directed the Defendant to get out the vehicle and perform field sobriety tests. After the field sobriety tests, she was arrested on a charge of Operating While Intoxicated. No one witnessed the Defendant operate a motor vehicle.