OWI 2nd Offense Dismissed at Motion Hearing

In a case that saved his client from years of probation, stress, jail, and a revocation of license, Jim was able to secure a dismissal against a tough state prosecutor.  The case involved Jim's client being stopped for speeding after a long day out on the lake.  The Officer said he smelled alcohol and had Jim's client exit the vehicle.  He then had the client take a preliminary breath test, with results that were over the legal limit.  This was the client's second drunk driving arrest in seven years, so revocation of license and jail time were on the table.

At the motion hearing, Jim argued that the officer lacked the reasonable cause to administer the preliminary breath test.  The judge very reluctantly agreed and the prosecutor was forced to dismiss the case.