Probable cause to arrest for OWI under MCL 257.625(1); Motion to suppress
The court held that the district court properly concluded that a deputy (J) “had probable cause to arrest defendant for OWI, and the circuit court erred by reversing the district court’s order denying defendant’s motion to suppress evidence.” The court noted that J “testified, and body camera footage admitted at the suppression hearing demonstrated, that defendant reported consuming between one and three beers several hours before striking a mailbox near his home. Additionally, upon making contact with defendant, [J] noted a ‘very strong’ odor of alcohol, slurred speech, and red, bloodshot eyes.” The court found that those “facts were sufficient to allow a reasonable person to believe that defendant operated his vehicle while intoxicated.” Thus, it reversed the circuit court’s order and remanded to the district court for further proceedings.
Full PDF Opinion