Waukesha County OWI 2nd offense case dismissed: insufficient evidence
Who knew that a 24-hour restaurant would be closed in the wee hours of the morning? Not many people.
In an OWI 2nd case that took place in Waukesha County, Attorney Julia Westley successfully argued that her client was illegally stopped by police outside of a 24-hour restaurant, and therefore any evidence following that stop should be dismissed. Following that hearing and the subsequent evidence being suppressed, the State of Wisconsin dismissed the case all together because they could not prove the case beyond a reasonable doubt.
In this instance, the client pulled into a 24-hour restaurant parking lot and realized that it was closed. While driving into the parking lot, the client did not commit any traffic violations. An officer saw our client in the parking lot and conducted a traffic stop based on the fact that all of the businesses in that area were closed and the officer believed that was suspicious. The officer then pulled up to the vehicle and conducted a traffic stop, noticed an odor of intoxicants, and proceeded forward with a DUI investigation.
Our client was ultimately charged with an OWI 2nd Offense.
You Are Only Guilty If You Are Convicted®
Attorney Westley argued in the motion hearing that the officer did not have reasonable suspicion to conduct a traffic stop due to the fact that there were no traffic violations, nor were there any other bases for believing that the client had committed or was about to commit any sort of crime. One of the major points of the argument and decision was that the client had pulled up to a 24-hour restaurant, and those are supposed to be open 24 hours. The judge agreed with Attorney Westley and suppressed all evidence following the officer pulling up to her client’s vehicle.
Without any other evidence in the case, the prosecutor had no choice but to ask that the DUI case be dismissed!
Think you were stopped illegally? Contact Grieve Law today! Remember you are only guilty if you are convicted!