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Healthcare Professional’s Second Lifetime OVI / DUI Breath Test Reduced to Reckless Operation

Our client was charged with OVI and OVI per se for testing almost twice the legal limit after being arrested in a hospital parking lot.  She was in route to see her son who had been taken to the hospital via ambulance for heart issues. She had previously been convicted for OVI and if convicted of a second OVI, she would have lost her career in the healthcare profession.

Mr. Mallory filed a motion to suppress and began working to suppress the breath test.  Given some evidentiary issues and the mitigating circumstances, the prosecutor agreed to amend the OVI to a lesser offense 4th degree misdemeanor reckless operation with less than minimum OVI penalties immediately before the hearing started.

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