Criminal OWI-2nd, RSC-2nd Amended to Civil Citation
In this Dane County case, our client was charged with OWI-2nd Offense and Operating with a Restricted Controlled Substance-2nd Offense after the Madison Police Department arrested him following a traffic accident. Police were called to the report of a driver stuck in a snowbank. Upon arrival, officers located the client and smelled the odor of marijuana, though the client denied smoking. He agreed to submit to standardized field sobriety tests, after which authorities arrested him and transported him to the hospital for a blood draw. The blood test results showed the presence of delta-9 THC in the client's system. Although the narrative police reports stated the client agreed to take a blood test, Attorney Tim Verhoff watched the video evidence, which revealed the client had actually agreed to a urine test, not a blood test. Our attorney then filed a motion to exclude the test results, arguing the test results were unlawfully obtained because the client never actually consented to a blood draw. Attorney Verhoff also told the prosecutor that even if the judge allowed the evidence, the District Attorney would have difficulty proving the client smoked marijuana before driving, rather than smoking it after he got stuck in the snowbank and while he was waiting for a friend to come assist him. The judge scheduled a hearing on our motion. Prior to the hearing, the prosecutor agreed that he had trouble with the case and offered to resolve the matter by amending the OWI to a non-criminal traffic ticket for reckless driving and dismissing the RCS charge.