OWI-Restricted Controlled Substance, Amended to Reckless Driving (Dane County)
This case involved a client initially stopped for speeding. That speeding stop then turned into much more. THC was found on her person and in the vehicle. The client also admitted to smoking THC approximately 1 hour prior to the stop and her blood did contain Delta-9, the active ingredient in THC. Our approach initially involved filing motions challenging probable cause for the arrest for OWI, based upon the client passing all of the field sobriety tests. The real problem was the fact that the client admitted to recently smoking THC and the fact it was present in her blood.We litigated the case in municipal court, winning the restricted controlled substance charge, which was huge for the case. We lost the OWI, but knew that on appeal, the prosecution would never be able to prove that charge. As the matter got closer to trial, the prosecutor offered to dismiss all the other tickets still remaining and amend the OWI to a charge of reckless driving. The client was shocked a little, but realized how great of the result this was for her.