Milwaukee County OWI 2nd offense charges dropped: successful motion to suppress evidence
If you have been charged with an OWI – either in state or municipal court – it is crucial to hire an experienced criminal defense attorney. The award-winning legal team at Grieve Law has successfully defended OWI cases and obtained dismissals based upon successfully challenging the legality of the traffic stop.
Our client was charged with OWI-2nd and PAC-2nd. According to the police report, our client failed his 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 her 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 the field sobriety tests and was exhibiting several signs of impairment. However, after reviewing the video, our attorney noticed inconsistencies in the police report. Specifically, the video showed that our client in fact had passed his field sobriety tests and that the traffic stop had been illegally extended to obtain a PBT.
You Are Only Guilty If You Are Convicted®
Our attorney challenged the basis for the stop by filing a motion to suppress with the court. A hearing was then held where our attorney was able to question the arresting officers in court. Our attorney used the squad video to get the officer to admit on the stand that our client had actually passed each of the field sobriety tests and that there was no basis for the PBT. As such, the judge ruled in favor of our motion suppressing evidence and the DA was left with no other option but to dismiss the entire case. All of the charges against our client were dropped!
If you have been charged with OWI, contact Grieve Law and talk to a team of experienced attorneys who have obtained OWI dismissals.