Case 1210 OVI

Officer followed client’s vehicle for 3 miles until it pulled into a gas station.  Officer had seen only a minor traffic violation.  2 people were in the car.  Officer circled around gas station back to the vehicle and parked next to it and it was empty.  Officer sees client in gas station buying cigarettes and talking loudly.  Client smells of alcohol.  Client exits gas station.  Office makes a purchase and exits gas station.  Officer approaches client’s car.  Client is in the driver’s seat with the car running.  Passenger is next to client.  Client rolls down the window as the officer approaches.  The officer again smelled alcohol and asked for client’s driver’s license.  Client admitted to drinking.  Officer has client perform sobriety tests which client failed.  Client tested .141 on breath test.  Client cited for OVI.

Motion to suppress was filed challenging reasonable suspicion to detain client.  Court granted the motion and suppressed the State’s evidence.  The State initiated an appeal of the court’s ruling.

Negotiations began and a deal was struck to end the State’s appeal.  Client plead to an amended charge of Physical Control with a $100 fine, no license suspension, and Administrative License Suspension and reinstatement fee cancelled. 0 points were assessed on the license.