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OVI Breath Test Charge Reduced to Reckless Operation

Our client, a young man in his 20’s, was pulled over for going a very high rate of speed. He was asked to get out of the vehicle and conduct the roadside field sobriety tests. After performing the field sobriety tests, he was arrested for an OVI / DUI. He was then taken a police station and asked to submit to a breath test. He complied and blew over the limit and was charged with an OVI Per se.

Attorney Dan Sabol represented the client and thoroughly reviewed all of the evidence, including the trooper’s report, the supplemental alcohol influence report, the DVD and the breath test information. Attorney Sabol went to court on his behalf many times, attempting to negotiate a lesser offense on behalf of his client. The prosecutor would not budge. Attorney Sabol filed a motion to suppress on his client’s behalf. A suppression hearing was held, where the trooper was called to the stand to testify. Due to attorney Sabol’s cross-examination of the trooper and argument during the hearing, the prosecutor offered to amend the OVI to a lesser charge of Reckless Operation.

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