• Dan Skarie

OWI 2nd Offense Washington County Circuit Court Motion to Suppress Granted, Case Dismissed

Updated: Mar 12

Atty. Skarie obtained a great result for the client in this case. Client was arrested for a second offense OWI with a reported blood alcohol concentration of .22 g/100mL of blood.

Obviously, a high BAC. Fortunately for the client we were able to obtain a copy of the dash cam video recording during law enforcement’s roadside investigation. During their roadside investigation officers have subjects perform Standardized Field Sobriety Tests.

In this case, we quickly identified a number of errors that law enforcement made in administering and scoring the tests. With the client’s approval, Atty. Skarie filed a motion to suppress evidence alleging that law enforcement did not have the requisite level of probable cause to arrest the client.

After a contested hearing, with the cop making many admissions on the stand as to his improper administration of the SFSTs, the Judge agreed with us and in a written decision granted our motion to suppress the evidence.

Without the necessary evidence to proceed forward at trial, the prosecution voluntarily dismissed the case. Fantastic result and a very happy client.


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