People v. K.A.

Michael R. Bartish

Case Conclusion Date:January 18, 2012

Practice Area:DUI / DWI

Outcome:Case dismissed following successful suppression motion.

Description:Client was charged with Operating While Intoxicated after being pulled over for speeding and a busted front headlight. Client data master result was .13. Prior to his arrest, our client submitted to a preliminary breath test and several field sobriety test which the arresting officer stated that he failed. We requested the dash board video from the officers cruiser. The video revealed that the client actually performed very well on the filed sobriety tests and that the officer failed to comply with the administrative rules before administering the preliminary breath test. We filed a motion to suppress the results's which he We filed a motion to suppress on the grounds that the officer did not have probable cause to arrest our client due to his failure to follow the administrative rules while administering the PBT. We further argued that our client's performance of the filed sobriety tests was excellent and provided the officer with no probable cause to suspect driving under the influence of alcohol. After a hearing on our motion during which the court viewed the dashboard video, the court agreed and through out the results of the data master on the grounds that the officer had not probable cause to arrest our client and have him submit to a data master test. The case against our client was dismissed and he avoided an OWI conviction.

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