MDTA Officer stops my client for a stop sign violation. The client is asked to exit the car for SFTSs. The client categorically refuses to do them. The clients told unless the client does the SFSTs, the client will be arrested based on the observations that officer states on the video With no other choice, the client performs them. The SFSTs are 100% inadmissible and the prosecutor knows it. The client also refuses the breath test so the client has the interlock for 1 year. One of the observations is also 100% inconsistent with the abusive use of alcohol. I am not describing it because I am saving it for the client that came in on Saturday.
The experienced prosecutor and I talk it over and agree to a 1 point negligent driving but an alcohol restriction for 1 year- not the interlock which could malfunction. Since the client is interlocked and cannot drink and drive, this is just added incentive to follow the rules. The client knows that if caught driving with any alcohol on the breath or in the blood/breath, there could be 60 days for violating an alcohol restriction. The client is elated and just sent me the copy of the new license with the alcohol restriction that I forwarded to the prosecutor. It was an excellent compromise. We also filed the expungement for the DUI charges.