Another outstanding result in this Dane County case. Our client and her spouse were parked in their van with the engine running, looking at the stars in a county park. Unfortunately, it was about 45 minutes after park closing hours.
A sheriff's deputy made contact with our client and her husband and started asking questions. Ultimately the encounter resulted in our client being arrested. She was charged criminally with a second-offense OWI and PAC at a 0.11 concentration.
Prior to trial, Attorney Tim Verhoff filed two motions to suppress evidence. In the first motion, our lawyer alleged a Miranda violation and sought suppression of the client's statements. In the second motion, he argued that without the statements, taken in violation of Miranda, there was insufficient evidence for the deputy to have suspected impaired driving, making his request for the client to perform field sobriety tests and the breath test unlawful.
The prosecutor reviewed Attorney Verhoff's motions, consulted with other prosecutors in the DA's Office and even conferred with a lawyer from the Wisconsin Department of Justice who specializes in OWI prosecutions. They all reached the same conclusion. Our attorney was correct in his argument, and the government had to concede both motions. The judge also agreed and suppressed the evidence, leaving the prosecution unable to move forward on the criminal charges and with no options other than asking the judge to dismiss the case.