Client was stopped for not using the turn signal when turning into a private driveway. Client had a strong odor of alcohol and red and glassy eyes. Client failed all the field sobriety tests. Client was cited for 2nd OVI in 6 years, No Turn Signal and No Seatbelt. Client submitted to a breath test on the Intoxilyzer 8000 and test .197. Client had a prior conviction 2 years earlier.
A problem was discovered with the Intoxilyzer 8000 on this particular test and the Administrative License Suspension was not imposed.
Client attended a 3-day alcohol school prior to plea, and negotiations with the prosecutor resulted conviction for Physical Control with credit for school, $500 fine, no license suspension imposed. 0 points were assessed on the license. $30 fine for seatbelt violation.