This case came out of Dane County. Client was arrested after traveling to a friends residence, breath test result was .20. However, this case was full of really good issues for us to work with. First, the police could not establish the exact time the client arrived at the location he was arrested. That was very important as the state could not establish the test result was taken with the required 3 hour window. Further, and more importantly, the client repeatedly told the police that he had consumed alcohol after arriving at the location. Our investigator was able to track down the liquor store the client bought the alcohol at, which also had a specific time of the purchase. The time on the receipt made it likely that the client consumed the alcohol after arriving at the residence.
On the morning of trial, the state moved to dismiss the case in its entirety.