Unidentified witness called the police department that client was walking out of a bar and almost falling down. Client was allegedly getting into the car. 2 officers responded. One officer had client coming out of a carryout on foot. The other officer had client sitting in his car. One officer indicated that the car was not running and the keys were not in the ignition, while the other officer indicated the car was running. Both officers had client highly intoxicated and stumbling and mumbling. The only sobriety test client was willing to submit to was the Pen Test (eye test) which client failed. Client told officers he had a foot injury. Client tested .277 on the breath test. Client was cited for OVI and Super OVI. Client had 2 previous OVI convictions and 2 previous reductions.
Client took the breath test on the Intoxilyzer 8000 and there was a problem with the machine that prevented the prosecutor from being able to use the test.
Negotiations with the prosecutor resulted in conviction for Reckless Operation, 3 days in jail, $150 fine and 4 points assessed against client’s license. No license suspension was imposed and all reinstatement fees were canceled.