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People v M.M.

Court:  67-4th  District – Flushing
Charge: OWI

Officer made traffic stop after observing client make a turn “at a high rate of speed”.  Officer claimed that client had odor of alcohol, slurred speech, slumped against the door, and bloodshot eyes.  The officer conducted 5 field tests, however, none were Standardized Field Sobriety Tests.  Further, no PBT was administered because the officer did not have one in his patrol unit.  Client was arrested, and subsequent DataMaster resulted in .17 and .17.  Motion was filed to dismiss for lack of probable cause for a valid arrest.  Client subsequent pled to Reckless Driving.

Result:  Reckless Driving, OWI dismissed.