Evidence of Prior Dui Not Admissible at Trial

Accident Attorney Michigan - Evidence of Prior Dui Not Admissible at Trial

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In Michigan evidence of a prior act or instance of drunk driving is normally not admissible at trial.  So if this is your second offense, the jury will not be told or otherwise know about your prior offense.  The reckon for this rule of evidence is that it is generally plan that the jury would be too swayed by this facts and it would make a jury more likely to find you guilty, and not based on the evidence of the new case, but because you'd done it in the past.  The phrase used for this kind of evidence is "more prejudicial than probative."

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The normal kind for this kind of prior acts evidence is "character evidence."  agreeing to Wiki: character evidence is a term used in the law of evidence to report any testimony or document submitted for the purpose of proving that a person acted in a particular way on a particular opportunity based on the character or routine of that person. There are three ways that such evidence might be presented in a court of law,

Testimony as to prior bad or good acts by the individual Witness's own plan as to the character of the individual Testimony as to the credit of the individual.

A new case in Michigan sort of turns this rule on its head.  The name of the case is citizen v. Amine,  and in this case the Defendant was arrested for Owi 3rd.  At the time of the urgency he was found in the driver's seat of a vehicle that had hit a fire hydrant.  When questioned by the police, the defendant claimed that an additional one person was driving.  His sister and girlfriend both indicated to the cops that this was true.  However, the defendant had used the same story during his Owi 2nd where he was found in the driver's seat and pulled over for no seat belt.  In both cases, the defendant had witnesses who claimed to be the "actual" driver.

At trial the defendant's attorney claimed that the Prosecution would violate Mre 401, by using evidence of a prior bad act to show conformity.  However, the judge ruled in the Prosecutor's favor and issued a limiting instruction.

The Court utilized the three-step process from Vandervliet to allow other acts evidence. Under Vandervliet, (1) the evidence must be relevant to an issue other than propensity, (2) it must be relevant under Mre 402 to a fact at issue at trial, and (3) it must survive a Mre 403 balancing process determining if the danger of undue prejudice substantially outweighs the evidence's probative value.

The Prosecution was not allowed to use the evidence about "the other act to make an inference about the defendant's character."  Instead, the Prosecution used it to show that the Defendant had convinced citizen to lie about driving for him in the past.

The Court held that the facts could come in because it was relevant to prior lying about operation, it was relevant to a fabricated defense presented at the trial, and it was not unduly prejudicial with a permissible jury instruction.  Because the jury study was read, the trial court did not abuse its discretion.

While the evidence was technically not about his propensity to commit Owi, the propensity to lie about it appears to be an end-run around the rule.  It was true that the evidence was relevant to the defense presented, but it should be carefully too prejudicial.  Specifically, the trial court only instructed the jury to "use it to decide whether you think that... It tends to show that the defendant uses a plan, or scheme, or pattern," and to "not consider this evidence for any other purpose." The Court found the study sufficient to minimize the prejudice.  However, a distinct study may have been better to fully illustrate that they could not use it to show that he had a propensity to commit Owi.  Of course the Court only had to illustrate it under the abuse of discretion standard.

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