OWI 1st/ PAC 1st .13- Amended to Reckless Driving
Our client was picked up because the police noticed her vehicle was stopped about 30 feet in front of the stop sign and our client was on her phone. The client admitted to police that she had been drinking and failed the field sobriety tests. The next challenge was that her breath test at the police station registered 0.13 which is well above the legal limit.
This case was attacked in the same manner we attack every case, at the administrative hearing. At that hearing we were able to lock the officer into certain statements regarding why he believed the defendant was actually impaired. We made the same gamble in this case as well, we were willing to share the transcript of the administrative review hearing prior to the trial in the case.
The prosecutor read the transcript and was willing to amend the charge even with a test result over 1 ½ times the legal limit. The case was resolved for a non-alcohol related ticket with a fine.