OWI DISMISSED following Implied Consent Victory!!!

Hands down across the board success!

Originally Posted on: Dec. 09 2005,19:03 by William Maze

Client was charged with OWI following a traffic stop after a Tiger’s game. Client refused to provide Datamaster breath test. Police did not obtain search warrant to force blood draw.

No videos existed of the driving, the stop, or the field sobriety tests, and no video existed at the police department. Officers provided client with notice of suspension for refusing Datamaster test.

We challenged the implied consent suspension at the DLAD. The officers failed to appear, and we won the implied consent hearing.

In the criminal court, we appeared several times, but the prosecutor only offered a plea to “impaired,” despite the lack of evidence. We set the matter for trial.

On the day of trial, the officers failed to appear again (although they had appeared at prior hearings), and the case was dismissed.