OWI Charges reduced due to discrepancies in police report
It is not very often that police are caught “misleading the readers” in police reports. Body camera and squad video footage have gone a long way in helping point out discrepancies in police reports following a stop for a DUI. It is important to take the time to review all the discovery in your OWI case for just this reason.
In this particular instance, police wrote down observations of the driver when the car was first stopped. Police noted that the driver had an odor of intoxicants, slurred speech, and red glassy eyes, which can allow an officer to ask the driver whether they had been drinking and have them do field sobriety tests. This is exactly what officers did and the driver failed the field sobriety tests and then was arrested for operating while intoxicated.
When Attorney Westley watched the body cam footage that accompanied the police reports, she noted that the officers were discussing the case amongst themselves before having the driver do field sobriety tests. The officer noted that he did not smell an odor of intoxicants or observe red glassy eyes, which was different than what was written in the police report.
Attorney Westley was able to bring this to the attention of the prosecutor and call to attention the discrepancies in the reports as well as the lack of reasonable suspicion to conduct the field sobriety tests. The prosecutor ultimately amended the OWI to a very minor traffic ticket.
Hiring an attorney who knows what to look for in your OWI case can make the difference between a conviction for a DUI or a minor traffic ticket.
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