Client was driving down a state route during the day when he ran into the back of a farm wagon being pulled by a tractor. Client’s vehicle was totaled. When the officer arrived, the client had difficulty following directions, the client’s speech was slurred and stumbled when walked. Only the pen test was administered. The officer arrested the client and the client tested .328 on the breath test. Client had a previous OVI conviction within the last 3 years. Client was cited for OVI, Super OVI 2nd within 6 years, and Assured Clear Distance. Client was facing a minimum of 20 days in jail.
Client attended alcohol counseling prior to plea, and negotiations with the prosecutor resulted conviction for Low Tier OVI 2nd in 6 years with the remaining charges dropped. Client sentenced to serve 10 days in jail, $600 fine and a 1 year license suspension.