Wrongful OWI—Case dismissed!
OWI Case Dismissed
When charged with Operating while Intoxicated (OWI), the State bears the burden of proving quite a laundry-list of things. Obviously, one of those factors is that you were intoxicated. More importantly, it is that you were intoxicated at the time you were operating your vehicle. What happens if your vehicle is off when police get to you?
Many people view an OWI as an instance where someone is swerving all over the road and the police pull them over, the driver smells like alcohol, and they fail the field sobriety tests. Sometimes, however, that is not the case.
Circumstantial Evidence Leads to Win
In one of Attorney Julia Westley’s cases, police pulled up to a vehicle long after it had broken down. Because the driver smelled of alcohol, officers had the driver perform field sobriety tests, which the police claim they failed. The driver was ultimately arrested for OWI.
Through litigation in motion hearings before trial, Attorney Westley was able to unveil that officers had no idea when the driver was actually operating the vehicle and therefore could not accurately state whether the blood test results were an accurate indication of the alcohol concentration of the driver at the time they were actually driving. The State ultimately realized it could not prove the case beyond a reasonable doubt and dismissed the OWI case.
You are only guilty if you are convicted™