OWI amended to reckless driving and license saved

posted by on Friday, January 22, 2016

Adams County Iowa.  Client's OWI charge was amended to reckless driving and the client's license was saved following a successful motion to suppress.  After reviewing the video and talking with the State's breath testing expert, it was determined that the client did not actually refuse to consent to the breath test but instead the machine concluded the test was "invalid" thereby requring the officer to offer the client another opportunity to test which did not happen.  The moral of this story is the breath testing machines are not foolproof.
  1. results - drunk driving