Charge – OWI, 3rd
On February 3, 2019, the Jackson County Sheriff’s Department was dispatched to an unknown accident. Upon arrival, the deputy observed a car in the ditch. Defendant was at the scene with his personal truck and a trailer and was backing up to the vehicle to remove it from the ditch. The deputy could smell alcohol coming from Defendant and he was given Standard Field Sobriety Tests and subsequently arrested. At the Jackson County Sheriff’s Department Defendant was given a DataMaster breath test. The results were .07 and .08.
Mr. Brandt filed a Motion to have the case dismissed based on a lack of probable cause. That Motion was denied.
Mr. Brandt then filed a Motion to dismiss based on the unreliability of the DataMaster results.
On March 13, 2020, the case was dismissed.