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People v N.K.
Court: 64A District – Ionia
Officer made traffic stop after observing truck almost hit curb, then cross over center line, then back to curb before rolling through flashing red light. Client had slurred speech, glassy eyes, had to use truck for balance, and strong odor of intoxicants. Client stated, "not good, this is not good at all". PBT resulted in a .161, and subsequent DataMaster resulted in .17 and a "refusal". The refusal was allegedly a "Subject Refusal". Prior to filing and oral arguments for Motion to Suppress Chemical Test, plea negotiations resulted in Careless Driving, a civil infraction plus court costs.
Result: Careless Driving, OWI dismissed.