MV, was charged with OWI 2nd.
Defendant was stopped for erratic driving. Defendant had been attacked shortly before the traffic stop and was bleeding from his face and mouth as a result of injuries he had sustained in the fight.
The officer claimed to detect the scent of alcoholic beverages and compelled the Defendant to perform field sobriety tests and a PBT. Defendant was later subjected to a Datamaster test.
The officer failed to follow administrative rules regarding administration of the PBT, and the results were suppressed. Further, because the Defendant was bleeding from the mouth and blood appeared on the Datamaster mouthpiece, the results from that test were deemed unreliable.
As a result of the two suppression rulings, the prosecuting attorney opted to dismiss the case.
Continue for next sample case
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