Client was stopped for not using a turn signal while changing lanes. Yes, that’s the law. The officer immediately smelled a strong odor of alcohol on the client. The client denied drinking. The officer stated that the client showed signs of impairment on the field sobriety tests. Client refused the breath test. Client was cited for OVI and No Turn Signal.
The officer’s Statement of Facts was atrocious. The whole statement was only 14 lines long. There were obvious errors that made it look like the statement was cut and pasted. The statement made it look as if the client failed the field sobriety tests miserably. The officer also indicated that there was and was not a video of the stop and sobriety tests. Upon review of the video, the client actually performed the tests very well.
A Motion to Suppress was filed challenging the officer’s probable cause to arrest, that the sobriety tests were not properly instructed, and that the tests were invalid due to the client’s weight. Prior to going into the courtroom for the hearing, a negotiated plea was reached.
Negotiations with the prosecutor resulted in a plea to Reckless Operation and No Turn Signal. Client was fined a total of $200 and 4 points were assessed to the client’s license. The Refusal Suspension remained in effect.