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State v. M.D. – .146 breath test

Responding to a call of domestic violence, a City of Suwanee Police Officer pulled over M.D. as she was exiting an apartment complex parking lot.  M.D. told the officer that she had gotten into a “physical argument” at the Wild Wing restaurant then retracted her statement.  The officer smelled alcohol and noticed typical signs of impairment, and M.D. performed poorly on field sobriety evaluations.  After her arrest, M.D. registered .146 on the Intoxilyzer 5000 machine.  Mr. Ryczek discussed the justification defense with the prosecutor which allows citizens to break the law if breaking the law is justified to avoid some greater harm.  In this case, M.D. was justified in driving a short distance away from an abusive boyfriend.  The prosecutor agreed and understood this defense, and agreed to reduce M.D.'s case to Reckless Driving.