Officers had been “tipped” to be on the look out for a drunk driver. A vehicle matching the description passed by the officer and then suddenly pulled over to the side of the road and parked in a parking spot on the street. Officer went over to investigate. Client told the officer that client had been there all along and was just sleeping. Client’s general demeanor towards the officer was less than respectful. The officer put the client through several field sobriety tests. Client refused the breath test. Client eventually cited with OVI. Client was not old enough to drink alcohol.
An issue arose as to whether the officer properly conducted the field sobriety tests and a motion to suppress was filed. Prior to the motion taking place, the prosecutor offered a deal.
Negotiations with the prosecutor resulted in a conviction for Physical Control with a 3 day alcohol school, $250 fine, no additional license suspension, and 0 points. The Administrative License Suspension remained in effect (as a result of client’s demeanor towards the officer).