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Case #42

People vs. P.S
Tawas City

Charge(s): OWI

Here our client was operating a watercraft (sail boat). He Placed the vessel on auto-pilot and had been consuming whiskey all day. He eventually passed out on the vessel and became stuck on a sand bar near the swim area in East Tawas Bay. He failed the field sobriety tests, the preliminary breath test, and the evidentiary breath test results were .18. To defend the case we filed a motion arguing that the Coast Guard is not authorized to conduct the field sobriety of preliminary breath tests.

Result: The original charges were dismissed. Ultimately the prosecutor agreed to add a new count and client plead guilty to Negligent Operation of a Water Craft.

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