Wisconsin OWI: pulled over for no reason? This case got dropped, yours could too!
Who knew that George Webb would be closed in the wee hours of the morning? Not many people.
In an OWI 2nd case that took place in Waukesha County, Attorney Julia Westley successfully argued that her client was illegally stopped by police outside of a George Webb restaurant, and therefore any evidence following that stop should be dismissed. Following that hearing and the subsequent evidence being suppressed, the State of Wisconsin dismissed his case all together because they could not prove his case beyond a reasonable doubt.
In this instance, the client pulled into a George Webb parking lot and realized that it was closed. While driving into the parking lot, he did not commit any traffic violations. An officer saw him in the parking lot and conducted a traffic stop based on the fact that all of the businesses in that area were closed and she believed that was suspicious. The officer then pulled up to the vehicle and conducted a traffic stop, noticed an odor of intoxicants, and proceeded forward with an OWI investigation.
He ended up getting charged with an OWI 2nd Offense.
Attorney Westley argued in the motion hearing that the officer did not have reasonable suspicion to conduct a traffic stop due to the fact that there were no traffic violations, nor were there any other bases for believing that the client had committed or was about to commit any sort of crime. One of the major points of the argument and decision was that the client had pulled up to a George Webb restaurant, and those are supposed to be open 24 hours. The judge agreed with Attorney Westley and suppressed all evidence following the officer pulling up to her client’s vehicle.