MICHIGAN DEPARTMENT OF ORIGINAL DATE: INCIDENT NO:
STATE POLICE Wed, Feb 10, 2021 011-0000470-21
ORIGINAL INCIDENT REPORT TIME RECEIVED: FILE CLASS:
2242 52003
WORK UNIT: COUNTY:
MSP LANSING POST INGHAM
COMPLAINANT:
TELEPHONE NO:
PATROL
ADDRESS: STREET AND NO: CITY: STATE: ZIP CODE:
7119 N CANAL RD LANSING MI 48913
INCIDENT STATUS:
CLOSED
OWI 1ST / CARRYING CONCEALED UNDER THE INFLUENCE
SUMMARY:
While on patrol, Ingham County Central Dispatch aired a Be-On-The-Lookout (BOL) for a red GMC Acadia,
traveling east bound on I-96. After this BOL was aired, I positioned myself in the apparent path of this vehicle
and I parked in a median, near the below listed venue. While on stationary patrol, I observed the suspect
vehicle pass my location at well below the posted speed limit and this vehicle stopped on the shoulder of the
roadway shortly after it had passed my location. Following these observations, I pulled up behind the vehicle to
initiate a car assist. After further investigation the driver, VALERIE OBRIEN, was arrested for OWI 1st.
OBRIEN refused consent to the chemical blood test. A search warrant was then drafted, and I swore to this
search warrant before it was signed by Judge Hillman. After this search warrant was authorized, a Sparrow
Hospital phlebotomist obtained a blood sample from OBRIEN. I then transported OBRIEN to the Ingham
County Jail where she was lodged for OWI 1st Offense.
Following OBRIEN’s arrest, Sgt. Merle Seymour, of the Ingham County Sheriff’s Office, spoke with OBRIEN.
During this conversation, Sgt. Seymour determined OBRIEN had her department issued firearm in a duty bag,
holstered, and located behind the driver seat of the suspect vehicle. This firearm was ultimately released to the
Michigan State University Police Department and charges will be requested for Carrying Concealed While
Under the Influence.
I received the lab results for this incident on 02/17/2021. The testing agency was the Lansing Forensic
Laboratory and the individual who conducted the test was Forensic Scientist Diane Bennett. The lab results
confirmed the presence of .25 grams of alcohol per 100 milliliters of blood.
VENUE:
INGHAM COUNTY
E 96 FWY
WHEATFIELD TWP, MI
AT OR NEAR: WILLIAMSTON RD
PAGE: INVESTIGATED BY: INVESTIGATED BY: REVIEWED BY:
1 of 7 GOLDEN, ANDREW, JUDSON, 850,
TROOPER
PRINTED: 2/25/2021 10:02
MICHIGAN DEPARTMENT OF ORIGINAL DATE: INCIDENT NO:
STATE POLICE Wed, Feb 10, 2021 011-0000470-21
ORIGINAL INCIDENT REPORT TIME RECEIVED: FILE CLASS:
2242 52003
DATE & TIME:
ON OR AFTER: WED, FEB 10, 2021 AT 2242
DISPATCH INFORMATION / BOL (BE ON THE LOOKOUT):
A BOL was aired by Ingham County Central Dispatch on 02/10/2020 at 2237 hours. Dispatch advised a red
GMC Acadia, was traveling east bound I-96 and this vehicle had been observed “swerving all over the
roadway”. Dispatch also advised their caller had been able to provide the suspect vehicle’s Michigan
Registration plate information and this plate was believed to be GW85C.
CAR ASSIST:
After the above BOL was aired, I parked in the median of I-96, near Williamston Road, and I began observing
the eastbound traffic. While I was parked in this location, I observed a red GMC Acadia, matching the
description of the BOL vehicle. As this vehicle passed my location, I observed the suspect vehicle was
traveling well below the posted speed limit. This was evidence by the fact it was traveling significantly slower
than the other vehicles in the area and based on my training and experience I believed the vehicle was
traveling at approximately 10 to 15 mph. After this vehicle passed my location, the vehicle pulled over onto the
right shoulder of the freeway. Due to these observations, I pulled up behind the listed vehicle and I utilized my
overhead lights to initiate a car assist.
INITIAL CONTACT WITH OBRIEN:
After this car assist had been initiated, I made a driver’s side approach and contact was made with the
driver/sole occupant of the vehicle, who was later identified as VALARIE ANN OBRIEN. During this contact, I
asked OBRIEN if everything was okay and I asked her why she pulled over onto the shoulder of the freeway.
OBRIEN responded by advising she was a police officer, and she made a statement about another vehicle in
front of her. However, I had not observed any vehicles traveling in front of OBRIEN and I had difficulty
understanding what she was saying due to her slurred speech.
As I continued to speak with OBRIEN, I asked her to provide her driver’s license, registration, and proof of
insurance. After this request was made, OBRIEN began reaching around the interior of her vehicle in search
of her driver’s license. OBRIEN continued to search her vehicle for approximately two minutes before I pointed
to what appeared to be a wallet that was on OBRIEN’s chest. OBRIEN then confirmed this was her wallet and
she obtained her Michigan Driver’s License from this location.
While OBRIEN was still seated in her vehicle, she admitted she had consumed four glasses of wine, which
were approximately three ounces each. OBRIEN stated she consumed this wine at approximately 1900. I then
asked OBRIEN where she was coming from, and she struggled to recall. However, when asked about where
she consumed the four glasses of wine, OBRIEN advised they had been consumed at the Philly Cheese
Steak, which is a restaurant in Lansing. After this information was provided, I asked OBRIEN to exit her vehicle
and speak with me at the front of my patrol car. I also asked OBRIEN if she had any weapons on her and
advised she did not.
PAGE: INVESTIGATED BY: INVESTIGATED BY: REVIEWED BY:
2 of 7 GOLDEN, ANDREW, JUDSON, 850,
TROOPER
PRINTED: 2/25/2021 10:02
MICHIGAN DEPARTMENT OF ORIGINAL DATE: INCIDENT NO:
STATE POLICE Wed, Feb 10, 2021 011-0000470-21
ORIGINAL INCIDENT REPORT TIME RECEIVED: FILE CLASS:
2242 52003
SIGNS OF INTOXICATION:
During initial contact, I observed OBRIEN to have watery eyes and her eye lids were droopy. As I continued to
speak with OBRIEN, I detected a strong odor of intoxicants on her breath and this odor was detected even
though I was wearing a mask. OBRIEN also spoke with extremely slurred speech. Following initial contact,
OBRIEN was asked to exit her vehicle and walk to the front of my patrol vehicle. After this request was made,
OBRIEN was observed staggering to the extreme right of my patrol vehicle. OBRIEN was also asked to rate
her level of intoxication on a scale from 1-10 with 1 being not intoxicated and 10 being the most intoxicated she
has ever been. OBRIEN stated, “Actually, I am not going to answer that.”
DRIVER / ARRESTED:
NAM: VALERIE ANN OBRIEN
BIR: RAC: ETH:
NBR: DIR: SEX: DL:
STR: DOB: SSN:
SFX: HGT: SI: /
CTY: ST: WGT: FBI:
TXH: ZIP: HAI: MNU:
TXW: EYE: PR:
MB: REFUSED TO GIVE
SMT:
CHARGE:
5297 WEAPONS-PISTOLS-CARRY CONCEAL UNDER INFLUENCE 28.425K(2)
CHARGE:
8027 OPERATING WITH A HIGH BAC 257.6251C
IDENTIFICATION OF VALERIE OBRIEN:
VALERIE OBRIEN was positively identified utilizing her Michigan Operator’s License.
STANDARDIZED FIELD SOBRIETY TEST (SFST):
OBRIEN verbally consented to performing the SFST. Prior to this evaluation, OBRIEN denied any recent head
injuries or recent loss of consciousness. OBRIEN denied taking any medications. OBRIEN stated she was
currently wearing contacts. OBRIEN stated she was diagnosed with in the past. I asked
OBRIEN if she had any lower body injuries that would hinder her ability to stand or walk. OBRIEN advised her
would hinder her ability to balance or stand.
PAGE: INVESTIGATED BY: INVESTIGATED BY: REVIEWED BY:
3 of 7 GOLDEN, ANDREW, JUDSON, 850,
TROOPER
PRINTED: 2/25/2021 10:02
MICHIGAN DEPARTMENT OF ORIGINAL DATE: INCIDENT NO:
STATE POLICE Wed, Feb 10, 2021 011-0000470-21
ORIGINAL INCIDENT REPORT TIME RECEIVED: FILE CLASS:
2242 52003
Horizontal Gaze Nystagmus (HGN):
I advised OBRRIEN that I would be checking her eyes and I provided OBRIEN with the instructions for this
test. After these instructions had been provided, OBRIEN stated, “This is ridiculous.”, but she confirmed she
understood the instructions.
-OBRIEN displayed lack of smooth pursuit in both eyes.
-OBRIEN displayed distinct and sustained nystagmus at maximum deviation in both eyes. It should be noted I
had to complete an additional pass while I was checking for distinct and sustained nystagmus. This additional
pass was completed because I had to remind OBRIEN to follow the tip of my finger with her eyes only, but she
repeatedly continued to turn her head and not follow my finger. OBRIEN’S eyes continued to drift to the center,
even after I instructed her multiple times to follow my finger all the way out to the side.
-OBRIEN displayed nystagmus prior to 45 degrees in both eyes.
-OBRIEN displayed vertical nystagmus in both eyes.
Walk and Turn:
OBRIEN was wearing heels during the test. I asked OBRIEN if she would like to remove her heels to perform
the test, but she declined.
When I gave the first instruction to put her left foot on the imaginary line, OBRIEN staggered and lost her
balance.
-OBRIEN started the test before I instructed her to.
-OBRIEN was unable to balance in the starting position.
-OBRIEN missed heel to toe on every step.
-OBRIEN staggered approximately three feet off the imaginary line that she was instructed to walk along.
-OBRIEN used her arms to balance.
-OBRIEN performed an improper turn. She turned to the left and started walking towards me. I had to remind
OBRIEN to perform nine heel-to-toe steps back.
One Leg Stand:
After I gave OBRIEN the instructions, she stated “I can’t even do that when I am sober.”
-OBRIEN used her arms to balance.
-OBRIEN put her foot down
-OBRIEN stopped the test and stated she could not complete the test.
PRELIMINARY BREATH TEST (PBT) REFUSAL:
At this time, I requested OBRIEN take a PBT. OBRIEN refused to take a PBT.
PAGE: INVESTIGATED BY: INVESTIGATED BY: REVIEWED BY:
4 of 7 GOLDEN, ANDREW, JUDSON, 850,
TROOPER
PRINTED: 2/25/2021 10:02
MICHIGAN DEPARTMENT OF ORIGINAL DATE: INCIDENT NO:
STATE POLICE Wed, Feb 10, 2021 011-0000470-21
ORIGINAL INCIDENT REPORT TIME RECEIVED: FILE CLASS:
2242 52003
ARRESTED:
At approximately 2306hrs, I placed OBRIEN under arrest for OWI 1st. I handcuffed OBRIEN. The handcuffs
were tension checked and double locked. I placed OBRIEN in the front seat of my patrol car. The seat belt lock
was put into place.
CHEMICAL TEST RIGHTS DI-177:
I read OBRIEN her chemical test rights verbatim from the DI-177. OBRIEN refused to consent to a chemical
blood test on 02/10/2021 at 2319 hours. I stated to OBRIEN she was making things worse. OBRIEN stated, “I
know, I know.” OBRIEN stated, “I am not doing anything without an attorney.”
OBRIEN’S STATEMENTS ON THE WAY TO SPARROW HOSPITAL:
OBRIEN was extremely belligerent while she was seated in my patrol car. During this time, OBRIEN
repeatedly stated “Fuck you”, and advised she was going to sue me. Without any questions being asked,
OBRIEN also made the following statements: “I will own up to the fact whatever I blew was over the legal limit.”
and “I don’t give a shit if I get fired, I don’t give a shit if I get arrested for drunk driving.”
OWI BLOOD DRAW SEARCH WARRANT / TRANSPORT TO SPARROW HOSPITAL:
I transported OBRIEN to Sparrow Hospital of Lansing. While in the parking lot of Sparrow Hospital, on
02/11/2021, I drafted an OWI search warrant. I contacted the Ingham County on-call Judge, Judge Hillman, via
telephone. I then swore to this search warrant, while under oath, and Judge Hillman signed this warrant on
02/11/2021.
BLOOD DRAW:
The blood draw was performed at Sparrow Hospital by phlebotomist Kayle Diaz. The blood was drawn from
OBRIEN’S right arm. The first tube was drawn on 02/11/2021 at 0118. The second tube was drawn on
02/11/2021 at 0119.
OBRIEN’S DUTY FIREARM LOCATED:
Following OBRIEN’s arrest, Sgt. Merle Seymour, of the Ingham County Sheriff’s Office, spoke with OBRIEN.
During this conversation, Sgt. Seymour determined OBRIEN had her department issued firearm in a duty bag,
holstered, and located behind the driver seat of the suspect vehicle. Sgt. Merle Seymour then took possession
of OBRIEN’S department issued firearm and he released this firearm to Sgt. Michael Agulara of the Michigan
State University Police Department.
LAW ENFORCEMENT ON-SCENE:
Sgt. Merle Seymour of the Ingham County Sheriff’s Office assisted with this investigation. Sgt. Seymour called
for Randy’s towing and stayed with the vehicle as it was towed.
PAGE: INVESTIGATED BY: INVESTIGATED BY: REVIEWED BY:
5 of 7 GOLDEN, ANDREW, JUDSON, 850,
TROOPER
PRINTED: 2/25/2021 10:02
MICHIGAN DEPARTMENT OF ORIGINAL DATE: INCIDENT NO:
STATE POLICE Wed, Feb 10, 2021 011-0000470-21
ORIGINAL INCIDENT REPORT TIME RECEIVED: FILE CLASS:
2242 52003
VEHICLE INVOLVED:
VEHICLE TYPE: AUTOMOBILE
PLATE: GW85C STATE: MICHIGAN VEH YR: 2015
ACADIA GENERAL
VIN: 1GKKRPKD6FJ195357 MODEL/MAKE: MOTORS
CORPORATION
COLOR: MAROON STYLE: 4 DOOR
POSITION: DRIVER
VEHICLE DISPOSITION:
The above listed vehicle was towed from the scene by Randy’s towing and taken to their lot.
OBRIEN’S STATEMENTS ON THE WAY TO THE JAIL:
OBRIEN asked, “What would have happened if I blew and I was under, I could’ve went home?” “I would’ve
been over anyways.”
LODGED:
I transported and lodged OBRIEN at the Ingham County Jail, on the charge of OWI 1st.
CITATION:
OBRIEN was issued a citation for the 55th DC Ingham County, to answer to the charge of OWI 1st offense and
she was also cited for refusing the PBT. Citation #X3838117.
LEIN F-BREATH:
The LEIN F-BREATH was entered on 02/11/2021 and recorded under sequence # .
LAB RESULTS:
On 02/17/2021, I received lab results from the Lansing Forensic Laboratory. The individual who tested
OBRIEN’S blood was Diane Bennett. The lab results confirmed the presence of .25 grams of alcohol per 100
milliliters of blood.
LEIN F-BREATH UPDATE:
I updated the LEIN F-BREATH on 02/18/2021.
PAGE: INVESTIGATED BY: INVESTIGATED BY: REVIEWED BY:
6 of 7 GOLDEN, ANDREW, JUDSON, 850,
TROOPER
PRINTED: 2/25/2021 10:02
MICHIGAN DEPARTMENT OF ORIGINAL DATE: INCIDENT NO:
STATE POLICE Wed, Feb 10, 2021 011-0000470-21
ORIGINAL INCIDENT REPORT TIME RECEIVED: FILE CLASS:
2242 52003
REQUESTED CHARGES:
CHARGE:
5297 WEAPONS-PISTOLS-CARRY CONCEAL UNDER INFLUENCE 28.425K(2)
CHARGE:
8027 OPERATING WITH A HIGH BAC 257.6251C
CHARGE:
REFUSE PBT
CRIMINAL HISTORY (CCH):
I ran OBRIEN’S CCH in LEIN with SID . OBRIEN
INGHAM COUNTY SHERIFF’S OFFICE REPORT (ICSO):
I contacted Sgt. Seymour of the ICSO, on 02/18/2021, to inquire if they generated a report number to be
referenced in this report. The ICSO did not create a report related to this incident.
EXTERNAL DOCUMENTS:
DI-177
DI-93
FSD-093
Chemical Test Rights
OWI blood draw search warrant
Lab report.
IN-CAR VIDEO:
This incident was recorded on in-car video 1134 and will be submitted to the Ingham County Prosecutor.
STATUS:
CLOSED.
PAGE: INVESTIGATED BY: INVESTIGATED BY: REVIEWED BY:
7 of 7 GOLDEN, ANDREW, JUDSON, 850,
TROOPER
PRINTED: 2/25/2021 10:02
Forensic Advantage Discovery Packet
Released Information
Regarding: TX21-2133 1
Requested: 2/17/2021 FA
3:15:05 PM
Packet: Lab Report Only (PDF)
Results of Laboratory Analysis
Table of Contents:
Laboratory Report-Released-(17608100).pdf 1
Laboratory Report-Released-(17608100).pdf
Additional Files:
The following files were included separately from the packet document:
i
STATE OF MICHIGAN
DEPARTMENT OF STATE POLICE
FORENSIC SCIENCE DIVISION
Lansing Forensic Laboratory
7320 N. Canal Rd
Lansing, MI 48913
(517) 284-3491
FAX (517) 636-4468
LABORATORY REPORT
Laboratory No. : TX21-2133 Record No. : 1
Delivered By : Interdepartmental Mail Date Received : February 11, 2021
Agency : Michigan Department of State Police Time Received : 9:00 a.m.
7119 North Canal Rd. File Class : 5400-2
Lansing, MI 48913 Date Completed : February 17, 2021
Incident Number : 11-470-21
Subject:
Obrien, Valerie
Evidence Received:
Container #1 1 - Sealed Michigan State Police Specimen kit containing:
Item #1 1 - 10 mL grey top tube with approx. 9 mL blood
Item #2 1 - 10 mL grey top tube with approx. 9 mL blood
Results of Analysis:
Item #1:
0.251 grams alcohol per 100 milliliters blood
The calculated uncertainty of the alcohol measurement is estimated to be ±0.025 grams alcohol per 100
milliliters blood at the 99.7% level of confidence.
Item #2:
This item was not analyzed.
Results confirmed by gas chromatography.
This report contains the conclusions, opinions and/or interpretations of the laboratory analyst whose signature appears on this report. This analyst
is qualified by education, training, and experience to perform this analysis and does so as part of his or her regular duties. The analysis was
conducted in an MSP laboratory accredited under the ANAB International testing program since February 16, 2017.
The relevant supporting data upon which the expert opinion or inference was made are available for review/inspection.
IMPORTANT: The specimen(s) will be held for 2 years after date received and then be discarded.
PKT 1 of 2 - Laboratory Report-Released-(17608100).pdf
Laboratory No.: TX21-2133 Record No.: 1 Date of Report: February 17, 2021
Agency No.: 11-470-21
Diane Bennett
Forensic Scientist
Toxicology Unit
email: [email protected]
February 17, 2021
Results confirmed by gas chromatography.
This report contains the conclusions, opinions and/or interpretations of the laboratory analyst whose signature appears on this report. This analyst
is qualified by education, training, and experience to perform this analysis and does so as part of his or her regular duties. The analysis was
conducted in an MSP laboratory accredited under the ANAB International testing program since February 16, 2017.
The relevant supporting data upon which the expert opinion or inference was made are available for review/inspection.
IMPORTANT: The specimen(s) will be held for 2 years after date received and then be discarded.
Page 2
PKT 2 of 2 - Laboratory Report-Released-(17608100).pdf