STATE v. MN
Administrative suspension overturned and DUI reduced to reckless driving
MN was pulled over after running a red light, after the officer made contact with MN a DUI investigation was conducted. Prior to MN performing field sobriety test the Officer placed MN in the back of his police vehicle and transported her to different location from the traffic stop. The officer did not read MN her rights before transporting her. After performing field sobriety test MN was placed under arrest for DUI. After being released from custody MN retainer attorney Jeff Rich, who immediately filed for a administrative review at the DMV to challenge the 1 year suspension that the DMV was imposing for MN refusing to take the breath test. At the conclusion of the hearing an order was issued setting aside the 1 year suspension and MN was immediately eligible for a full drivers license. Next Attorney Rich reviewed discovery and filed a motion to suppress based on the officers failure to read Miranda rights to MN before transporting her to the different location. After the motion was filed and set for hearing, Attorney Rich received a phone call from the assistant state attorney who offered to reduce the case to reckless driving in the motion was concealed. After consulting with MN, she agreed to accept the reckless driving.