Second Offense Operating While Intoxicated Amended

Client has sought to have his breath test refusal excluded at trial because the officer did not inform him that he could have an attorney come meet with him at the station following his request to have an attorney present for the breath test.  The court concluded that the officer did not violate the client's rights and therefore the breath test refusal would be admissible at trial.  Despite this fact, the State was successfully pursuaded to reduce the charge to reckless driving prior to trial.

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