APR 2 OWI/PAC 1st, 0.22, no IID
The DeForest Police Department arrested our client on criminal charges of hit and run, as well as a first-offense OWI/PAC with an alcohol concentration of 0.22 percent. Police said our client pulled into traffic at an intersection, and two vehicles approaching the intersection collided because of it. Witnesses obtained his license plate information and informed authorities that our client drove away from the scene without stopping. Law enforcement then contacted our client at his home and arrested him. Before criminal charges were filed, our lawyers obtained the police reports and reviewed them. Our lawyers then met with prosecutors from the District Attorney's Office to discuss the case and explained that we believed the government may have difficulties proving our client, whose vehicle never made contact with the other vehicles, was aware a collision occurred. This was important because knowledge of the crash would be a crucial element the prosecution must prove in order to convict on a criminal hit and run charge. Our lawyers also believed the police unlawfully entered our client's garage when making contact with him, and filed a motion to suppress evidence in municipal court. Ultimately, our lawyers brokered a deal with both the District Attorney's Office and the municipal prosecutor. The DA's Office agreed to decline the criminal charge if the client resolved the OWI case short of a trial. And the prosecutor in the OWI case agreed to amend the charge to reflect a lower alcohol concentration (resulting in no ignition interlock device requirement), rather than litigating the suppression motion. Our client accepted the offer and avoid the potential of a criminal conviction and possible jail time.