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 altogether.
In this instance, the client pulled into a George Webb parking lot thinking it would be open in the early hours of the morning, only to find 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 the businesses in the area were closed and she believed thought it was suspicious for someone to be there. While conducting the traffic stop, the officer noticed an odor of intoxicants from the car and proceeded forward with an OWI investigation.
He ended up NOT 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 was there any other basis for believing our 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, which 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. With no evidence, the prosecutor dismissed the case.