Posted on Aug 28, 2013

Client was stopped for a minor traffic violation, and admitted to having a single drink at a local bar.  There were other passengers in the motor vehicle who had consumed too much alcohol to drive.  Client was asked to perform field sobriety tests (FSTs), which were recorded on cruiser video.  Upon client's arrest and questioning, the Trooper replayed the vehicle video in an attempt to show client where he erred on the FSTs.  Client was arrested and charged with OVI, and refused the breathalyzer offered.

Attorney Adam Nemann was retained to defend the case.

At Court, it was determined that the Trooper had falsely indicated in the police reports that no video existed of the traffic stop, and and subsequent FSTs performed by the Client.  The video was never recovered, and the Trooper offered no explanation.  After Nemann filed motions, the case was scheduled for a motion to suppress/dismiss the case based upon the inconsistent information given by the Trooper, as well as the destruction of the cruiser video. Rather than litigate, the prosecutor's office agreed to dismsis the OVI case in its entirety.  Likewise, the one-year Administrative License Suspension for failure to provide a breath sample was dismissed by the prosecution.

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Adam Lee Nemann
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Trial and Defense Attorney, Adjunct Professor of Law at Capital University, founder of Nemann Law Offices

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