• Dan Skarie

OWI 1st Offense Village of Brown Deer Reduced to Reckless Driving

Updated: Mar 12

Client was traveling home with a friend after two drinks at the bar. Pulled over for speeding slightly above the limit. After the officer smelled an odor of intoxicants, the client was pulled from the vehicle in the dead of winter and forced to perform standardized field sobriety tests. After testing, the client was arrested and taken in for an Intoximeter EC/IR II test. Client's test result returned at .08 g/210L of breath.

After client retained, I quickly identified that the client's test result was within the measurement uncertainty budget for the Intoximeter EC/IR II machine. A request was made for the Village of Brown Deer to voluntarily dismiss the OWI and PAC charges due to this issue. The request was denied and the case was scheduled for a municipal court trial. At the trial, through testimony from law enforcement it became apparent that the client was not too impaired to safely operate her motor vehicle. In addition, evidence was introduced regarding the uncertainty budget for the Intoximeter machine. After the close of evidence, the municipal court judge asked for each party to submit written closing arguments/briefs.

During this interim period, I received notice from the prosecutor asking if client would resolve case to reckless driving. Rather than risk the uncertainty of an adverse ruling on the merits of the case from the municipal court judge, the client gladly took an amendment to reckless driving. No OWI conviction and a very happy client.


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