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OWI First Offense-Amended to Reckless Driving
Driver charged with OWI/DUI after police saw him drive through a flashing red light at approximately 2:15 a.m. Although he blew a .09 on the PBT, the video showed superior performance on field sobriety tests and his breath test was recorded as .07. The video also contradicted the written police report wherein the arresting officer indicated he instructed the defendant to turn left and not right. The state refused to amend at the pre-trial and final pre-trial. Shortly before the scheduled jury trial, the State agreed to an amendment from OWI/DUI to reckless driving, and to dismiss the red light ticket with an alcohol assessment. Result, red light ticket was dismissed and OWI/DUI was amended to reckless driving with a total fine of $200+court costs. This result saved the driver several thousand dollars in fines and insurance premiums. Driver has no conviction for OWI/DUI.