OWI 2nd Offense

The Charges

Late at night, a client drove into a 24-hour restaurant parking lot that ended up being closed. A cop knew it was closed and stopped our client to conduct a traffic stop. At the stop, the officer noticed the smell of an intoxicant (THC) and proceeded to do an OWI investigation. This resulted in the client being charged with their second OWI.

The Defense

This person then hired Grieve Law to fight their OWI charge. Their attorney scheduled a motion hearing to argue that the officer did not have reasonable suspicion to conduct a traffic stop. The officer did not see the client make any traffic violations. There was no reason that would lead the officer to believe this client was committing or was about to commit a crime.

The attorney successfully argued there was no reasonable suspicion to make the stop because the client had pulled up to a 24-hour restaurant that they had a reasonable expectation of being open. The judge was persuaded by this attorney, so the evidence found at that stop was suppressed and could not be used against the client.

The Results

Even though the traffic stop resulted in evidence for the OWI charge, the Grieve Law attorney convinced the judge to dismiss the charge. The evidence was removed from the case because the cop made an illegal stop. For this reason, the case was dismissed entirely. This client was charged with a 2nd OWI and walked away innocent.

At Grieve Law, we stand by our motto: You Are Only Guilty If You Are Convicted.^® Contact Grieve Law today to speak with an attorney who will fight for you.