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OWI/PAC 2nd Case Dismissed In Dane County

Our client was charged with criminal offenses for operating while intoxicated and operating with a prohibited alcohol concentration in Dane County.  Attorney Tim Verhoff attended what he expected to be a routine initial appearance in the case.  But the court appearance turned out to be far from routine.  Attorney Verhoff received a copy of the criminal complaint minutes before the hearing and reviewed it.  The complaint indicated law enforcement had been called out in the early morning hours regarding a report of a vehicle in the ditch. Police made contact with out client, who appeared to be intoxicated.  Authorities put him through field sobriety tests, and arrested him.  He submitted to a breath test, which resulted in a reported value of 0.17 percent. In court at the initial appearance, Attorney Verhoff made an oral motion to dismiss both charges.  He argued the complaint failed to show probable cause supporting the charges.  He argued there was no indication the vehicle was running when authorities arrived.  There was no information showing our client was the driver.  And there was no indication of the time at which the vehicle went into the ditch (an important piece of information in determining if a person is intoxicated at the time of driving).  The unsuspecting prosecutor objected to the motion and made several arguments why the case should proceed.  Over the prosecutor's objection, the court commissioner granted Attorney Verhoff's motion and dismissed the case against our client.