Sauk County OWI/PAC – Evidence Thrown Out and Case Dismissed
Police stopped our client was for driving with a headlamp that was burned out. The officer contacted our client and smelled an odor of intoxicants. Our client admitted to be on his way home from a bar and to have consumed mixed drinks earlier. Police had him perform field sobriety tests and based on those results arrested him for second-offense OWI. He submitted a breath test and the reported result was 0.09 percent. Attorney Verhoff filed a motion arguing that the police officer violated our client’s rights because the officer did not have a sufficient basis to ask him to do the field sobriety tests. The judge agreed and threw out the test results and the client’s performance on the field sobriety tests. Left with no additional evidence to prove the case, the Assistant District Attorney dismissed both charges.