Client was pulled over for stopping beyond the stop bar at an intersection. The officer smelled an odor of alcohol and client had glassy bloodshot eyes. Client failed the sobriety tests. Client blew a .158 breath alcohol. Client was cited for OVI and Traffic Control Device.
Motion to throw the case out was contemplated, and upon meeting about the motion and other issues with the prosecutor, it was found that there was a problem with the breath machine. Negotiations with the prosecutor resulted in a conviction for Reckless Operation with a $100 fine, 4 points assessed, and the license suspension was terminated, no further license suspension imposed, and no reinstatement fees.