LANSING, MI (WKZO AM/FM) — A Kalamazoo man, who was pulled over for drunk driving and challenged the law regarding alcohol tests as a violation of his rights, has lost on appeal.
State law says suspected drunk drivers who refuse to be tested can have their licenses suspended.
He took the test but challenged it when the case went to court.
Collin James Stricklin’s attorney argued that the choice between taking the test or losing his license was not voluntary, but rather coercive under the fourth amendment because Stricklin needed his license for his job at a local dealership.
Local judges agreed and suppressed the results of the blood test, prompting the prosecutor to drop the charges. .
But the Michigan Court of Appeals has now reversed that finding; saying just because he had two undesirable options, that doesn’t make the choice coercive.
Now Stricklin has another hard choice to make, whether to appeal to the State Supreme Court or take his chances with the prosecutor will reinstate the charges.
