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People v J.M.

Court: 12th District – Jackson
Charge:  OWI


Client was stopped for crossing dividing line several times and speeding.  Client did not perform well on FST’s, but Officer did not comply with Standard Testing Procedures according to NHTSA.  Client was arrested for OWI and subsequent DataMaster test resulted in two .16 and .16.  A Motion to Suppress the Horizontal Gaze Nystagmus and PBT was filed and a letter requesting reduction was filed with the Prosecuting Attorney office.  Client was an E-5 Sergeant in the United States Marine Corps, and would be facing Dishonorable Discharge with an OWI.  These issues were discussed with Prosecutor prior to conducting the motion hearing.  Negotiations resulted in plea to Reckless Driving.

Result:Reckless Driving, OWI dismissed.  Not discharged from Marines.