Successful Motion to Suppress Statements and PBT
Attorney William McNeil was successful once again in suppressing the statements made by his client and the PBT results. The prosecuting attorney sat down with defense counsel before the motion and the first words out of her mouth were…”you know you are going to lose this motion”. The officer was put on the stand and testified that he grabbed the individuals and escorted them to his police car. This was clearly a detention and they were not free to leave. This triggered the need to read our clients their Miranda rights. The officer did not do so and all of the admissions about having consumed alcohol were thrown out by the trial judge.
In addition, the officer threatened to take our client to the hospital if he did not take the PBT test. The judge ruled that there was no consent from the minor and therefore threw out all the results of the PBT. This matter is now set for a jury trial and the prosecuting attorney stated after the motion that she will be dismissing the charge and refiling it as a disorderly person case.
If you have been charged with an MIP, you may have defenses to your case. It is worth your time and money to have an experienced attorney look at your police report and fight for your constitutional rights. Contact Attorney McNeil today at 1-866-387-2757.
2011 Update!! Our office has continued to be successful in getting MIP charges dismissed, recently in Kalamazoo District Court. It was clear from talking to many of the kids at a party that the police were threatening to taser individuals if they did not come out of hiding. They were gathered in the kitchen or common area and forced to admit whether or not they had been drinking and then forced to submit to the PBT. The motor vehicle recording was crucial as it captured all of the dialogue and confirmed that no consent was gained nor were Miranda rights given. Both cases were dismissed before the motion hearing.
