by Attorney Patrick T. Barone
City of Roseville vs. M.L.
39th District Court
Client was pulled over by a
City of Roseville Police Officer after being observed swerving between
lanes of traffic. The police report indicated a strong odor of intoxicants
and blood shot eyes. The Police Officer asked the client to perform field
sobriety tests, including walking a straight line, one leg balance, and
finger-to-nose. The police report indicated that the client did not perform
well, and did not follow instructions. The client and was given a preliminary
breath test, and blew over the legal limit. He was arrested for drunk
driving, and taken back to the station to be processed. At the station
he was given the evidentiary breath test (Datamaster), and blew 0.08.
He was charged with OWI.
During the Police Officer’s
investigation the client was told that he was suspected of breaking into
automobiles in the area, and his car was searched. A number of cell phones,
and cell phone parts were found in his vehicle. Client was processed for
OWI, and a warrant was requested for the suspected stolen property.
Pretrial motions were filed
attacking the validity of the breath test results. These motions included
citations from the scientific literature indicating that the breath test
instruments used were of dubious accuracy (copies of these journal articles
were attached as exhibits). Before arguing these motions, the City Prosecutor
was persuaded to and agreed to offer a reduced charge of careless driving.
All of the possible charges relative to the telephones were either dropped
or not pursued. The client received a small fine and four points on his
driving records, with no further driving sanctions.
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