Going Armed While Intoxicated and Possession of THC

Client was arrested as a passenger in a vehicle which was stopped for speeding.  The police did an OWI investigation of the driver and when they located evidence in plain view (THC) they searched the vehicle.  The defendant was alleged to have been impaired and was carrying a firearm on her person.  The police also found a small amount of THC on her person as well.

The way we were able to get the evidence suppressed dealt with the unlawful blood draw of the client.  The client did not initially consent to the blood draw, that was until the officer told her that he would take her to the station and get one without her permission.  The client then consented to the draw.  The problem was, the officer threatened her, thereby making her consent involuntary.  We filed the motion on the unlawful draw and the prosecution conceded the motion and dismissed the criminal charge without a hearing.  The prosecution then amended the THC charge to an ordinance violation.  Avoiding the criminal conviction made the client extremely happy.

OWI/PAC 4th offense- amended to Obstructing for a Fine

This case had enormous possible consequences for the client.  A 4th offense is not only a felony, this case would have required the client lose his driver's license for a minimum of 10 years.  

He was stopped for not wearing his seatbelt and having snow covering his license plate, making it unreadable. 

Because it was a 4th offense, the client's prohibited alcohol concentration was a .02.

The officer believed the client failed field sobriety tests and placed him under arrest.  The client's blood was drawn and he was over the legal limit at a .03.

After back and forth negotiating with the prosecutor, an agreement was reached where the client would enter a plea to a misdemeanor and pay a $200.00 fine.  No jail, no felony and no loss of driver's license.

OWI 2nd offense-PAC- amended to Reckless Driving

A 911 call was placed by a bartender to the police for a "passed out" man in his vehicle in the parking lot of the bar.  The vehicle was running and the bartender could not wake the man.  Police arrived and the OWI investigation started.  The bad facts; the client had urinated in his pants (which the cops were able to see), the vehicle was running and the client was unable to successfully complete field sobriety tests.  

His test result was over the legal limit at a .09.  

After reviewing the case, we were able to challenge the blood test.  The state conceded our motion on the blood and the court suppressed the test result.

The case was still not over as the state had good evidence of impairment.  The case was resolved for a reckless driving ticket with a fine.  No jail time, no criminal conviction.  Client was very happy.

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.

OWI/PAC 2nd (.20) Complete dismissal

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.