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State v. M.B. – Refusal

A City of Oakwood police officer pulled M.B. over for speeding on Mundy Mill Road, and noticed that she smelled of alcohol.  M.B. was mumbling her words.  She lost her balance while talking with the officer, but agreed to perform field sobriety evaluations.  During the walk and Turn test M.B. almost fell over, and could only balance on one leg for four seconds.  The officer arrested her, and she refused the breath test.  At trial Mr. Ryczek pointed out a technical problem with the prosecutor's accusation, and the judge “reluctantly” found M.B. not guilty of DUI.