OWRCS #2 - Delta 9-THC present - Dane County- Case dismissed

At first blush, the case looked difficult. Client had THC in his system making the charge a strict liability offense. If the government could prove the operation of the vehicle, they can get a conviction.

The police report indicated that the office pulled into a gas station and the client's vehicle was running, in a parking stall and the client was passed out. The officer indicated she had to pound on the window to wake the client.

The video showed a much different story. The officer never went up to the window. The client opened the car door for the officer. We had the officer in a clear misstatement. Attorney Chirafisi filed a motion to suppress the stop of the vehicle.

The state didn't even want a hearing on the case. They conceded the motion without a hearing. Can't really do much better than that.

OWI/Restricted Controlled Substance - Charges Amended

This case was challenging because it involved the client having Delta-9 THC in his blood.  The fact is, if Delta 9 is found in a person's blood, that person is guilty of Operating With a Restricted Controlled Substance, whether the state can prove impairment or not.  In this case, the client drove his car into a house, rupturing the gas line.  So, the driving was certainly considered poor.

We challenged the case on whether or not there was reasonable suspicion to conduct field sobriety tests.  We started with the Administrative Review Hearing where we were able to get the officer to admit that he didn't have any reason to believe the client was impaired by drugs or alcohol.

We then took that information and filed a motion in court to throw all the evidence out based on lack of reasonable suspicion.  Prior to the hearing being conducted, the prosecution offered to amend the charge to Reckless Driving.  A huge win for the client.