OWI/PAC (.11) amended to Reckless Driving
This case stems from a stop in Price County. The officer was following our client's vehicle and initially witnessed the vehicle make a "wide turn" which the officer deemed suspicious. The officer continued to follow the vehicle and observed the vehicle driving down the center of the road, clearly over where the center line would have been.
The officer stopped the vehicle and made contact with the client. The client admitted to consuming alcohol earlier in the evening.
Where the challenge was mounted in this case was on the officer's decision to have the client perform field sobriety tests.
The video in the case was the killer for the officer. On tape, the officer stated that "he doesn't believe the client was impaired" before having him perform field tests.
We did the motion hearing and at the conclusion the court had requested that the parties file briefs on the issue. The prosecutor then offered to amend the OWI to reckless driving. The client who was a local business person was thrilled. Avoiding the OWI charge was the goal from the beginning.