OWRCS #2 - Delta 9-THC present - Dane County- Case dismissed

At first blush, the case looked difficult. Client had THC in his system making the charge a strict liability offense. If the government could prove the operation of the vehicle, they can get a conviction.

The police report indicated that the office pulled into a gas station and the client's vehicle was running, in a parking stall and the client was passed out. The officer indicated she had to pound on the window to wake the client.

The video showed a much different story. The officer never went up to the window. The client opened the car door for the officer. We had the officer in a clear misstatement. Attorney Chirafisi filed a motion to suppress the stop of the vehicle.

The state didn't even want a hearing on the case. They conceded the motion without a hearing. Can't really do much better than that.