Ogden City v. R.W.

Glen W. Neeley

Case Conclusion Date:March 16, 2010

Practice Area:DUI / DWI

Outcome:DUI Dismissed

Description:R.W. was pulled over because of a defective light. R.W. had a prior DUI just two years ago. She was an alcohol restricted driver. Officer said they smelled alcohol, failed field sobriety tests, had slurred speech, red eyes, and unsteady balance. The officer did a mouth check and only allowed 12 minutes to elapse before giving the breath test. The result was .16. A motion was filed to suppress the breath test and the officer did not know anything about the defect because the intoxilyzer 8000 is not supposed to work unless 15 minutes elapses. The machine was found to be defective. The prosecutor dismissed the DUI and the Alcohol restricted driver charge. She pled to a defective light. Her license was saved from a two year suspension on the DUI and a one year on the alcohol restricted driver.

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