Client was stopped for driving 100mph. Officer smelled a strong odor alcohol and client admitted to drinking earlier, approximately 8 beers. Client failed the sobriety tests. Client refused the breath test. Client was charged with OVI and Speed.
Motion to suppressed was filed challenging the sufficiency of evidence to arrest client. During this period, client attended the 3 day alcohol school. Prior to going into the courtroom for the motion hearing, the state offered a Physical Control. Client pled to the Physical Control, with 60 days being electronically monitored for alcohol (given the speed violation, client was found to be a dangerous risk on the roads), $500 fine, 0 points assessed. Client’s refusal suspension remained in effect.