Case 1177 OVI

Client failed to stop for a stop sign and drove the car into a ravine. Client refused emergency squad treatment as client claimed no injury. The police ultimately arrived at the scene. Client was described as walking off balance several times. Client failed all the field sobriety tests. Client submitted to the portable breath test and tested .173. Client submitted to a breath test and tested .140. Client had had an OVI in the past. An issue arose as to whether the breath test was administered within the appropriate time frame.


Client attended a 3-day alcohol school prior to plea, and negotiations with the prosecutor resulted conviction for Failure to Maintain Reasonable Control, Stop Sign violation, $500 fine, no jail, no license suspension, administrative license suspension and reinstatement fee cancelled. 2 points were assessed on the license.