• Dan Skarie

OWI 1st Offense Racine County Circuit Court Not Guilty at Jury Trial

Updated: Mar 12

Persistence and hard work are the two main ingredients to win a jury trial. In this case, all the credit goes to the client for his willingness to stick with the case over two years of litigation. Client was accused of operating while intoxicated and operating with a prohibited alcohol concentration first offense with a BAC of .10 g/210L of breath.


At trial, we were able to demonstrate that the arresting officer improperly and haphazardly administered the standardized field sobriety tests to my client. By the officers own testimony at trial, the jury had no choice but to give little weight and credibility to the officers opinion that my client was impaired. Secondly, we were able to convince the jury that law enforcement skipped several crucial mandatory steps to ensure that my client's breath sample was a valid result. The defense argued that f the proper steps are not followed in producing the breath sample the results cannot be trusted. Thankfully, the jury saw that law enforcement had not followed proper protocol and voted not guilty on both counts.


After two years of worry and anxiety client was very relieved to walk away with a clean record.

Disclaimer

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice regarding any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Vanden Heuvel & Dineen, S.C. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.