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.