OWI/PAC .11/Inattentive Driving - Amended to Reckless Driving
Client was involved in an accident in the City of Madison at about 1:00 a.m. Other party involved in the accident called the police stating our client, "asked him to hold his weed and bong.” When the police arrived, client admitted that he wanted the other party to hold his drugs for him.
Client told police that he "took a nap" and that was the reason for the accident. Breath test taken at station showed a breath test result of .11.
Client was desperate to attempt to avoid the OWI conviction so, we got to work. Client had one issue in the case, there was a question of whether or not an alternative test was requested. If it was and law enforcement failed to comply, the test result would be excluded from evidence.
The day before the trial was scheduled, the prosecution moved to amend the charge to reckless driving. No OWI, no revocation of license and no stigma. Client was thrilled.