Case 1211 OVI

Client stopped for a headlight violation.  Client’s speech was stuttered, slow, and slurred and he had a very distinct odor of alcohol.  Client’s eyes were bloodshot and glassy.  Client admitted to drinking at a local bar.  Client failed the field tests terribly.  Client admitted to being drunk.  Client refused the breath test.  Client was cited for Super OVI 2nd in 6 years and Headlights.  Client had a previous conviction in less than a year.  Client was also issued a Probation Violation for the OVI and refusal to submit to the breath test.  Client was facing a minimum of 20 days on the OVI and 20 days on the probation violation.


An issue arose over the justification for the stop of the client.


Client attended a 3-day alcohol school prior to plea, and negotiations with the prosecutor resulted in dismissal of Probation Violation, conviction for OVI 1st in 6 years, 7 days in jail, $500 fine and a 1 year license suspension.