Client was spotted in an alley between residences in his vehicle, with several individuals exiting the vehicle. It was 1 A.M. on a Saturday night, Sunday morning. The officer encountering the group had substantial evidence from an earlier observation that the group was going to be engaged in a mischievous prank to one of the residences. All of the individuals, including the driver (client) appeared to be and admitted to be intoxicated. The client failed the field sobriety tests. Client refused the breath test. Client was cited for Physical Control and served with a 3 year Refusal License Suspension, with the 1st year served with no occupational privileges. Client had 2 prior OVI convictions within 4 years and another reduction before that.
Client submitted to an alcohol evaluation prior to plea, and negotiations with the prosecutor resulted conviction for Physical Control, $750 fine, no license suspension imposed, and refusal suspension and reinstatement fee cancelled. Client’s license was re-instated. 0 points were assessed on the license.