Shiawassee County prosecutor says he has "a problem" and will seek...

I am outraged!! If Mr. Colbry is going to be held at a higher standard!!! Then why hasn't be been charged?????? If he has a drinking problem, then he has drank and drove before. But this is the first time he got caught!! He may have drove drunk before and have put your lives and our families live in danger from driving drunk!!!! If it was you or me, we would have been charged and be sitting in jail. Why hasn't he been charged with fleeing the seen or an accident???? Of course, We all know that he will only get a slap on the hand!!!!

Anyone who would like to join other like-minded citizens in DEMANDING the prosecutors resignation should be at the Shiawassee County Courthouse in Corunna at 1:00 PM, July 20, 2009.

Bring your own sign and wear comfortable shoes, suitable for walking a picket line.....

See you there?

Lets find out why detective Shank was trying to cover the incident up. He arrived at the scence and pushed his way in. They better not do anything to the Deputy who was in his lawful right and duty to arrest him. Very good job any one can be killed by any drunk driver even if the drunk driver is the Pro Att.

I agree. Isnt he suppose to set a good example. Ok lets all have a drink, get on the road, get in an accident, or possibly kill someone. That's okay, we will only get a slap on the wrist? This is totally unexceptable!!! If it was you or me...jail immediately. I guess just because he's a pros. att. that give him the right to have more time to cope with his problem...
I will be there on July 20. I hope that people all over Michigan come. Victims of Drunk Drivers bring a friend. Lets put this SAME drunk driver in jail and off the streets.

Carson wrote:

Anyone who would like to join other like-minded citizens in DEMANDING the prosecutors resignation should be at the Shiawassee County Courthouse in Corunna at 1:00 PM, July 20, 2009.
Bring your own sign and wear comfortable shoes, suitable for walking a picket line.....
See you there?

Are you really coming from Ill for this or just trying to get it started. Can't believe we haven't heard about this all over the county.

It should be all over. The whole county should care. He was charged by the state attorney general office and if he does not leave the office he will be making choices for the county of Shiawassee maybe even drunk. How are we to know he is getting help or not showing up to work drunk? Who is holding him accountable? How about the choices he made allready? They need a man of integerity, I hope he loses your vote. I am glad my family and I left that county two years ago.

Can anyone tell me if "leaving the scene of a accident is a misdeamor" I think its a felony?

Document Type Description
Section 257.617 Section Accident resulting in serious impairment of body function or death; stopping required; reporting to police agency or officer; violation as felony; penalty.
Section 257.617a Section Accident; personal injury; reporting to police agency or officer; stopping required; penalty; suspension of license.
Section 257.618 Section Accidents; damage to vehicles; stopping required; reporting to police agency or officer; penalty.
Section 257.619 Section Accidents; duties of driver.
Section 257.620 Section Accidents; attended or unattended vehicle; stopping; report.
Section 257.620b Section "High-occupancy vehicle" or "HOV" defined.
Section 257.620c Section "High-occupancy vehicle lane" or "HOV lane" defined.
Section 257.621 Section Accidents; fixtures on or adjacent to highway; notification of owner; exhibition of driver's license; reports.
Section 257.622 Section Report of accidents resulting in death, personal injury, or property damage; forms; analysis; use; retention.
Section 257.622a Section Ignition interlock device; installation included in crash report.
Section 257.623 Section Accidents; reports by garagekeepers or repairmen.
Section 257.624 Section Report not available for use in court action; purpose of report; authorization and purpose of scientific studies and research; use of data; disclosures; liability; penalty.
Section 257.624a Section Transportation or possession of alcoholic liquor in container open or uncapped or upon which seal broken; violation as misdemeanor; exception.
Section 257.624b Section Transport or possession of alcoholic liquor by person less than 21 years of age.

http://www.michigan.gov/documents/cdd-2k1_163...

Preliminary Breath Test

When stopped by a law enforcement officer for suspicion of driving while intoxicated, you may be asked to take sobriety tests including a Preliminary Breath Test (PBT) at the roadside to determine whether you are under the influence of alcohol. If you refuse to take the PBT, you will be charged with a civil infraction and fined up to $150 plus court costs. Persons under age 21 who refuse to take the PBT will receive two points on their driver record. Even if you take the PBT, you must still take the evidentiary chemical test (blood, breath, or urine test).

Drunk driving cases involving blood draws are considerably more complicated to litigate than are those involving breath testing. While the attorney is confronted with a test result that is usually more reliable than with breath, the foundational requirements are considerably more substantial. The testing process is not infallible, and understanding this process is critical if the defense attorney hopes to appropriately represent a blood draw client. This article will present an overview of the typical blood draw case, from the blood draw through the actual testing.

The Search Warrant

Most blood is drawn after the client has refused to offer a breath sample, and a court has authorized a warrant. Thus the warrant and affidavit in support should be examined to determine if they are properly supported by probable cause. What evidence is there to support the police officer’s conclusion that your client was intoxicated? Under limited circumstances it may be appropriate to file a motion to quash the warrant, such as when the warrant is based on insufficient probable cause.1 Keep in mind, however, that in the context of a drunk driving case, a warrant for blood may be supported entirely by the results of a preliminary breath test.2

The Blood Draw

The next area of inquiry is the blood draw itself. Michigan law indicates that only a licensed physician, or an individual operating under the delegation of a licensed physician, who is qualified to withdraw blood and is acting in a medical environment, may withdraw blood at a peace officer’s request to determine the amount of alcohol in a person’s blood.3 However, the phrase ‘‘qualified to draw blood’’ is rather broadly defined, and a person can be qualified simply by education, training, or experience.4

As with breath testing, there are administrative rules that cover blood testing.5 These rules cover how the test results should be expressed, the acceptable techniques for blood testing, the calibration of the test equipment, and the collection and handling of the blood. Additionally, the state police lab promulgates its own rules for blood testing. These rules can be obtained by sending a Freedom of Information Act request to the state police laboratory in Lansing. All of the applicable rules should be reviewed to determine if there are any defects that could affect the foundational requirements.

Case law also indicates that the party seeking introduction must show (1) that the blood was timely taken,(2) from a particular identified body,(3) by an authorized licensed physician, medical technologist, or registered nurse designated by a licensed physician,(4) that the instruments used were sterile,(5) that the blood taken was properly preserved or kept,(6) and labeled, and (7) if transported or sent, the method and procedures used therein,(8) the method and procedures used in conducting the test, and (9) that the identity of the person or persons under whose supervision the tests were conducted is established.6

The type of swab used to disinfect the draw site is also an important issue. The state police kit contains a non-alcohol swab, and it should be determined whether or not this swab was used. The kit also contains two grey-stoppered vials, and these contain sodium fluoride, a preservative used to prevent coagulation and neo-generation of alcohol. It should also be determined whether or not the proper vials were used, and the expiration date of the kit itself. Some of this information can be obtained in the defendant’s first discovery demand, but a thorough examination of these facts and issues usually requires an evidentiary hearing.7 If the case being defended is a felony, then the appropriate inquiry can take place at the preliminary examination, as long as defense counsel has made a timely request for the laboratory technician’s appearance at the preliminary examination.8

The old saying'what is good for the goose, is good for the gander', seems to me the 'gander'
is getting 'special treatment'. Drunk driving,
leaving the scene of an accident...mmmm, now, the last time that I heard, those were some SERIOUS
offences committed, upon another citizen.And the
'gander' is the one committing such offences, the
one that is suppose to make sure the law is upheld, that we put our trust in, to serve and protect us. He is NOT an exception to the rule, just because he is a 'prosecutor'. We have rules to live by, so should he.

If you drink and drive, you should automatically lose your driving privilages permanately, due to the fact you do NOT take them seriously.

Why is this man still employed? With full driviing rights of course. Come on now.

Kinda ironic that i watched this man persecute a man that drove drunk nine years ago and crashed and his best friend died in his arms.. charged him with second degree homicide, ouil causing, leaving scene..even tho that ws proven to be from shock.. didnt even take blood till hours later.. after had consumed more alcohol trying to deal... in any event mr colbry was a lynch mob... leaving hte scene is a five year felony..not a misdemeanor.. the person im talking abuot got seven to 15.. colbry got probation.. ya no one died in colbrys but whos to say he hasnt ran before or wont do it again cuz he got slapped wrist.. kiss my ass randy.. you got your just deserves just like i told you you would when you badgered me in that little room you tried to force me to lie on the stand about him in... Nine years later hes getting out and you are a laughing stock piece of work.

I have tertiary syphilis.