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OWI 1st Offense + PAC 1st Another charge. Another real RESULT.

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Location: Milwaukee, Wisconsin

Outcome: Dismissed!

Our client was charged with an OWI 1st offense, PAC 1st offense, and failure to control vehicle. After a tire on his car went flat, his car went off the road.  He called a tow truck and was waiting for it to arrive when the police came upon him and stopped to see if he needed assistance.  After a short conversation, the police believed our client was under the influence of alcohol and asked him to complete field sobriety tests.

According to the police report, our client failed all three field sobriety tests, and also blew over the legal limit on a preliminary breath test. Our client was placed under arrest and transported to jail. While at the jail, he submitted to an evidentiary test of his breath, which was also over the legal limit. He was then given three citations.

Our attorney began the process of reviewing his case, as we do all Wisconsin OWI offenses. We obtained the police reports and video of the interaction between the officer and our client. After reviewing the reports, the case did not look good for our client. The officer indicated our client failed all of the tests and was exhibiting several signs of impairment. However, after reviewing the video, our attorney noticed some problems with the way the field sobriety tests were conducted. There were also inconsistencies between what the officer wrote in his report and the events on video. Our attorney filed a motion to suppress evidence on the grounds that the police did not have probable cause to arrest our client due to improperly conducted field sobriety tests.

A hearing was held in front of the judge. Our attorney questioned the officer on each step of the standardized field sobriety tests according to the NHTSA (National Highway Transportation Safety Administration) manual that regulates the tests. During questioning, the officer’s errors became very apparent. After a lengthy cross-examination, the Court granted our motion to suppress evidence. All the field sobriety tests, preliminary breath test, and the breath test conducted at the police station were ruled inadmissible due to an illegal arrest.

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Following this ruling by the Court, the prosecution was left with no option but to dismiss the OWI charges, because all of the evidence they had to prove their case had been ruled inadmissible. After continued negotiations, the prosecution agreed to also dismiss the citation for failure to control vehicle. All of the charges against our client were dropped!

Having the right attorney can mean the difference between being convicted or having your case dismissed. Our award-winning attorneys take the time to review every aspect of your case, and do not simply take the officer’s word that events unfolded as they say they did.

Contact Grieve Law for a free case review to see if we can challenge evidence in your case. 

Grieve Law Criminal Defense Lawyers