REDUCED | DUI (.077 BAC)/OPEN CONTAINER REDUCED to SPEEDING and WEAVING TICKET – State v. Mr. H. (DMC No. 10748) (Manistee Justice Court TR2012-116195): Mr. H. was pulled over by a DPS Officer for allegedly weaving into the right shoulder of the roadway. After he was stopped, the officer claimed that Mr. H. had watery and blood shot eyes and a full mouth of Mentos breath fresheners. The officer then claimed Mr. H. failed field sobriety tests, arrested him and took him to the station where he provided a .077 BAC on his breath test. The officer also cited Mr. H. for an Open Container for having an open New Castle Beer in his car. Because this stop was questionable, the Prosecutor agreed to dismiss the DUI and Open Container charges in exchange for a simple Speeding and Weaving ticket. Case was in Manistee Justice Court.
