State v. LW

The client was stopped for speeding and failing to stop at a stop sign. She refused to perform the field sobriety tests due to a recent hip surgery but agreed to take the State breath test.  She could not provide a sufficient breath sample and was charged with refusing the test. The charge was reduced to Reckless Driving after evidence was produced that proved the client suffered from a respiratory condition making it physically impossible for her to produce a breath sample and it was shown that she was not attempting to “trick” the testing device. The alleged refusal would not have been admissible at trial and a reduction to Reckless Driving was negotiated with the State.  This proves no case is hopeless.