Chirafisi Law Office

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EVIDENCE SUPPRESSED, DANE COUNTY OWI DISMISSED

The Dane County District Attorney' Office dismissed an OWI case against our client after Attorney Tim Verhoff successfully argued the evidence was obtained in violation of the United States Constitution.  A Dane County deputy sheriff stopped our client for a license plate violation at approximately 3:00 a.m. Upon making contact with the client, the deputy observed a strong odor of intoxicants, and the client  admitted to the deputy that she had been drinking shots earlier that night.  Based on that information, the deputy requested the client to perform field sobriety tests, and he arrested her for OWI at the conclusion of the tests.  Given the lack of bad driving prior to the stop,and the lack of outward indicators of impairment, our lawyers filed a motion challenging deputy's basis to ask our client to perform field sobriety tests.  At the hearing, Attorney Verhoff thoroughly cross examined the deputy.  He then argued the deputy did not have a sufficient reason to extend the scope of the stop and conduct an OWI investigation.  The judge agreed and ruled that all of the evidence obtained after the deputy's initial contact with our client was inadmissible at trial.  Without any additional evidence, the prosecution was left with little choice but to dismiss the case against our client.