• Dan Skarie

OWI 1st Offense City of Oak Creek Municipal Court Motion to Suppress Granted

Updated: Mar 12

Client purchased a really nice used Chevrolet Camaro. Car came with tinted windows. Client was on way home from a dinner at a Mexican restaurant after a long day of work. While driving through an intersection client is pulled over for illegally tinted windows. No bad driving whatsoever.

After smelling the margarita the client had with dinner, the client was hauled from his vehicle and forced to perform standardized field sobriety exercises. The officer decided the client was too impaired to drive, despite no bad driving, and arrested the client for Operating While Intoxicated.

After obtaining and reviewing the officer's dash cam video, Atty. Skarie determined that the officer did not have enough probable cause to arrest the client for drunk driving. After a contested hearing, the municipal court judge agreed and ruled that the arrest was improper. The prosecutor dismissed the case on the spot. Very happy client.

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