State v. SD

The client was pulled over for weaving across traffic on a highway.  The client submitted to and failed field sobriety tests and a blood test showed his breath test reading was twice the legal limit. The client was hearing impaired and the video showed that the client had difficulty understanding the officer's instructions as well as the implied consent notice and had asked the officer to speak louder or to move closer so that he could read his lips to better understand. The charge was reduced to Reckless Driving after it was determined that the blood test results would not be admissible at trial because the client was hearing impaired and the officer did not accommodate his need for an interpreter before reading the Implied Consent Notice.