Milwaukee County OWI 1st offense case dismissed: inadmissible evidence
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 where 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 OWI offenses. We obtained the police reports and video. 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. Our attorney also found inconsistencies between what the officer wrote in his report and the events that occurred 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 because of the improperly conducted field sobriety tests.
A hearing was held in front of the judge. Our attorney questioned the officer on each step of the process of conducting standardized field sobriety tests according to the NHTSA (National Highway Transportation Safety Administration) manual that regulates the tests. During that questioning, the officer’s errors became very apparent. After lengthy cross-examination, the Court granted our motion to suppress evidence. All of the field sobriety tests, preliminary breath test, and breath test conducted at the police station were ruled inadmissible due to an illegal arrest.
You Are Only Guilty If You Are Convicted®
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 intended to use to prove their case had been ruled inadmissible. After continued negotiations, and due to the zealous advocacy of our attorney, 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 just take the officer’s word that the events unfolded as they say they did.