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Motion Hearing Leads to Avoiding OVI Conviction & License Suspension

A 36 year old professional was charged with an OVI after he fell asleep at a fast food restaurant in the early morning hours.  Mr. Sabol challenged the initial Administrative License Suspension, and at the hearing shortly after the license suspension was imposed, the presiding Magistrate terminated the suspension because he found our client had not actually “refused” the chemical test.  A motion hearing was subsequently held, and after the arresting officer’s testimony revealed many errors in both his and other officer’s conduct, the prosecutor agreed to amend the offense to that of being impaired while being in physical control of a motor vehicle.  Our client completed a driver intervention program, was given a fine and placed on probation, and was not given any additional license suspension.

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