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State v. S.M. – .09 breath test and Minor Accident

S.M. was returning home from dinner when he was involved in a minor accident. The officer on the scene claimed S.M. was unsteady on his feet, that he had a moderate odor of alcohol and that he did poorly on the field sobriety evaluations. Mr. Ryczek showed the judge the video and invited the judge to make up his own mind regarding whether S.M. passed the field sobriety evaluation. The judge disagreed with the officer and found there was no probable cause for the arrest. S.M.'s case was completely dismissed.