OWI Dismissal

Another client victory!

Originally Posted on: Nov. 23 2005,11:55 by William Maze

On November 22, 2005, we were able to procure a dismissal of an OWI charge for one of our clients. The police officer and our client crossed paths while making opposing left turns out of parking lots across the street from one another. As such, the police vehicle was forced to stop in order to avoid a collision, and the police officer effectuated a traffic stop.

Our client had an open beer in the car, but field sobriety tests showed that he was capable and coherent. Unfortunately, our client blew over the legal limit.

Based upon the questionable nature of the probable cause for the police officer to stop the other vehicle, the prosecutor and our firm were able to negotiate a dismissal of the OWI charge, and the client accepted a plea to the open intoxicant in a motor vehicle, which carries virtually no penalties compared to the more serious drunk driving offense.