Defendant stopped for failing to dim his lights. Client had a strong odor of alcohol. Client’s face was flush and eyes were glassy and bloodshot. Client admitted to drinking alcohol. Client failed some sobriety tests, but passed others. Client refused the breath test. Client cited with Failure to Dim and OVI. Client had a prior OVI reduction within 6 years.
Client attended a 3-day alcohol school prior to plea, and negotiations with the prosecutor resulted conviction for Physical Control with credit for school, $1,000 fine, 10 days in jail suspended, no license suspension, and refusal suspension and reinstatement fee cancelled. 0 points were assessed on the license.