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.12 OWI Dismissed

Case Conclusion Date: 09.13.2012

Practice Area: DUI and DWI

Outcome: OWI Dismissed / Plea to Failure to Yield Emergency Vehicle

Description: This client was driving a Mustang 52 in a 40 MPH zone. He was stopped for speeding, and the officer noticed an odor of intoxicating beverages. He also admitted drinking 3 Jack & Cokes. When asked, he was not able to count backwards 100 to 86. He had slurred speech and repeated numbers. He also could not say the alphabet. He sang and also slurred his letters. The officer also administered the HGN and all three clues were observed in both eyes. A roadside breath test showed as .107. He was arrested for OWI and back at the station he was given a DataMaster test. This test yield two results of .12 each. We set the matter for trial, and at the final jury pretrial we were able to persuade the prosecutor to add a count of failing to yield to an emergency vehicle. The offense carries four points but no driver’s license sanction. The original charge of OWI was dismissed.

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