Our client was arrested for OVI after being stopped for speed and a potential window tint violation. Upon the officer noticing an odor of alcohol and beer in the backseat, he expanded the scope of the stop in likely violation of our client’s 4th Amendment rights. She willingly complied with the officer’s intrusion into her privacy. Attorneys with LHA filed a motion to suppress based on colorable 4th Amendment violations and lack of substantial compliance with the current manual for standardized field sobriety tests (SFSTs). At the motion hearing, the city amended the OVI to a physical control despite there being a .15 breath test.
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