Charge: OUI, Negligent Operation of MV, Speeding, Marked Lanes Violation
Result: OUI- Not Guilty
Client was stopped after an officer determined his vehicle to be driving erratically and operating at a very high rate of speed in bad weather conditions. Officer approached the vehicle and detected a distinct odor of an alcoholic beverage coming from within the vehicle. Officer observed the client’s eyes to be very glassy. Client stated he had a couple of beers when asked. Client was asked to exit the vehicle and was unsteady on his feet when doing so. Officer administered a series of field sobriety tests. Client failed all assessments. Client consented to a PBT with a reading of .098 and was placed under arrest.
This case was Not Guilty because the client performed very well on the tests and the portable breath test was excluded at trial.
