City DUI charge dismissed at Pre-Trial Conference
City of Mission vs. TR: Client charged in Municipal Court with DUI and Possession of Marijuana and Paraphernalia following traffic stop on I35 for alleged speeding violation. Following pretrial negotiations with the city prosecutor, agreement was reached whereby the DUI and Possession charges were dismissed upon plea of Guilty to the Paraphernalia charge with a fine of $250 and one year probation. Basis of defense was that client passed field testing and the PBT (preliminary breath test) evidence should be suppressed since the officer failed to provide standard "warnings" prior to offering test. Client refused the PBT and the Intoxilyzer test at station. A new KS case, City of Wichita vs. Molitor, assisted in the defense that a PBT should not be offered if the driver exhibits few, if any, clues of impairment during the field sobriety portion of the test.