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People v J.H.
Court: 75th District – Midland
Charge: OWI, PBT Refusal
Officer made traffic stop after client made a left turn in a no-turn intersection. Officer claimed client failed HGN and Walk & Turn, but passed the One-Legged Stand. The PBT was refused, and subsequent DataMaster resulted in a .08 and an "invalid sample". Review of the in-car video revealed officer failed to follow National Highway Traffic Safety (NHTSA) Standards for the field sobriety tests, and therefore compromising the results. Further, review of the DataMaster simulator logs revealed failure to comply with the administrative rules for breath testing. Defense Expert was retained to testify as to those failures and potential GERD defense for client. Morning of Trial, prosecutor offered Disorderly Person, and dismiss OWI and PBT Refusal.
Result: Disorderly Person, OWI dismissed.