A Middleton police officer stopped our client shortly after 1:00 a.m. after he rapidly accelerated from a stop light, causing the tires to squeal. Upon contact, the officer noticed a strong odor of alcohol coming from our client, as well as red and glossy eyes. The client admitted that he had been consuming alcohol at a nearby bar.
After conducting field sobriety tests on the client, the officer placed him under arrest and took him for a breath test. The reported value was a 0.09 alcohol concentration.
During pretrial negotiations, Attorney Tim Verhoff raised questions about the basis for the traffic stop. He also was able to produce an alcohol curve to the prosecutor to demonstrate the client's alcohol concentration was likely less than 0.08 at the time of driving. After speaking with our lawyer, the prosecutor agreed to dismiss the PAC citation and amend the OWI to a reckless driving citation. Given the problems our lawyer pointed out with the case, the judge approved the amendment and imposed a modest fine on the reduced charge for reckless driving.