Violation and Citation:
Client was stopped for not using a turn signal. The officer could smell a strong odor of alcohol and client had glassy and bloodshot eyes. Client did pretty crappy on the sobriety tests. In fact, client began crying. After a pat down to put client in the cruiser, the officer found what was presumed to be marijuana in client’s “handbag”. Client refused the breath test. Client was cited for OVI and No Turn Signal. Client had prior conviction outside of 6 years. The “leafy substance” was sent off to the lab to be tested.
Result:
Review of the video showed that client was actually driving very well, and used a turn signal, although maybe not “within 100 feet of making turn”. Motion to have the case thrown out was filed. Prior to going into the courtroom, state offered a Physical Control. Penalty was the 3-day school, $1,000 fine, with $600 suspended, suspended jail, 0 points, 1-year refusal license suspension stayed in effect. Client could get driving privileges if tested negative for pot, which client did at court that day. Marijuana charges were not pursued by the State.