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Judge Rules Police Violated OVI Suspects Rights

Our client was pulled over for speeding by an officer who was on his way to get a search warrant signed.  The officer suspected our client was impaired, but rather then have another officer investigate, he instructed other officers to “babysit” our client while the search warrant was signed.  Twenty minutes later, the original officer returned, conducted field sobriety tests, and placed our client under arrest.  He subsequently consented to a blood test, which revealed a .149 BAC.  Mr. Sabol filed a motion to suppress the evidence associated with the case, and after getting the blood test suppressed because the nurse did not adequately remember the case, Mr. Sabol attacked the officer in regard to unconstitutionally prolonging the stop.  The presiding Judge found that the officer did violate our client’s Constitutional rights, and after further negotiation, the prosecutor agreed not to appeal the court’s decision, and to amend the charge to a minor misdemeanor reckless operation charge in exchange for the completion of a driver intervention program.  Our client never had his license suspended.

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