As the year comes to an end, 2 more outstanding results for clients. The first case involves a Dane County OWI/PAC charge with a breath test result of .15. Client was stopped because the officer believed she was sleeping at a stop light. As the officer turned around to make contact with the client, she moved her vehicle. The officer stopped her, smelled the order of intoxicants and he was off and running.
Officer reported that the client failed the three field sobriety tests offered to her and ultimately submitted to a breath test which registered a .15. The prosecution certainly believed they had a strong case.
However, the video of the incident showed a completely different story then told by the officer. Although the video was lengthy, it contained information which ultimately lead to the amendment of the charge. During the interaction, the client had a question about the alternative test, the officer then provided her incorrect information regarding that test. Once that was discovered, it was the beginning of the end. We filed a motion to suppress the test result based on the improper information provided to the client. Before the motion hearing even began, the prosecutor offered to amend the ticket for costs, no fine was included.
Honestly, one of the happiest clients we can remember.