OWI, PAC with 0.125 Blood Test Dismissed
In this Dane County case, the client was stopped by the Wisconsin State Patrol for speeding. He was clearly disoriented but had several visible injuries, including a head wound. After being arrested for OWI, the client agreed to take a blood test, which resulted in a reported value of 0.125 alcohol concentration. By all appearances, it seemed the client had been physically assaulted prior to the OWI. Our office obtained medical records that documented the fact that the client suffered from a traumatic brain injury. Our firm's licensed private investigator also gathered physical evidence to support the belief that he had been assaulted within the hours before he drove his vehicle. After nearly one year of negotiations, Attorney Tim Verhoff was able to convince the District Attorney's Office that the case should be dismissed because the client never intended to drive while impaired, but was suffering from the impact of an assault when he decided to drive. The prosecutor agreed to dismiss the case prior to jury trial in the interest of justice.