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People v K.S.

Court: 54A District – East Lansing
Charge: OWI (2nd)

Client was stopped for failure to stop at stop sign.  Officer detected an odor of alcohol and an empty wine bottle in the back seat and requested client to perform FST’s.  Officer administered 5 FSTs and according National Highway Traffic Safety Administration scoring system client passed all tests.  However, officer still requested a PBT but was conducted in violation of the administrative rules.  She was arrested and subsequent DataMaster resulted in a .12 and .12.  Motion to Dismiss for Lack of Probable Cause was filed.   Prior to the motion Hearing client accepted a plea to Reckless driving and the OWI was dismissed.

Result: Reckless