Client was stopped for expired registration. It was determined that client’s license was under suspension for an OVI conviction 2 months before this stop. The officer detected an odor of alcohol and red and glassy eyes. The officer saw a half-empty bottle of Vodka in the car. When the officer got client out of the car, client had to hold onto the car for balance. Client did miserably on the field sobriety tests. Client tested .160 on the breath test. Client was cited for Driving Under Suspension, OVI 2nd in 6 years. Client had a prior conviction 2 months prior and a reduction 2 years before the current one. Client was facing significant jail time given her condition at the stop and immediate prior record.
Client engaged in significant counseling and negotiations with the prosecutor resulted in conviction of 2nd OVI in 6 years, with 10 days in jail (the mandatory minimum), $525 fine, and a 5 years license suspension. Driving Under Suspension was dismissed.