This situation unfortunately involves a head on collision with injuries. That is a situation that no one wants to be involved in and luckily, the injuries were not more serious.
The client was looking at his phone to speak to his wife when he crossed over the centerline and was involved in a head on collision. Ultimately, the client was arrested for Operating While Intoxicated Causing Great Bodily Harm, which is a felony offense. He submitted to a chemical test of his blood which returned a value of .178.
After reviewing the file, Corey Chirafisi found what turned out to be a problem for the state. The officer told the client that he was under arrest for the felony level OWI. At the motion hearing, the officer conceded that he did not have probable cause for the felony offense and only had probable cause for a misdemeanor. That incorrect information impacted the client's decision whether or not to take the blood test and, in turn, led to the court suppressing the test results. The case is still pending, however, the client is in a much better position with the test result being tossed.