• Dan Skarie

OWI 3rd Off., Op. Firearm w. Intoxicated, Milwaukee Cty. Motion to Suppress Granted, Case Dismissed

Updated: Mar 12

Client was at a local bar in the Village of Greendale discussing his upcoming fantasy football draft with a friend. After drinking a few beers, client exited the bar and entered his SUV to drive home. On his way home client was pulled over for expired registration. After smelling the odor of intoxicants on his breath, Greendale police officers requested that my client exit his vehicle to perform standardized field sobriety tests. After performing SFSTs client was placed under arrest. While searching his vehicle, the officers found a loaded handgun in the center console. Ultimately the client's breath test result came back at .12 g/210L of breath. 

If the client was convicted of 3rd offense drunk driving he faced up to a year in the Milwaukee County Jail. The stakes were high. After receiving the video from the prosecution, Atty. Skarie identified concerns with the manner in which law enforcement conducted standardized field sobriety tests. Particularly, the officers forced the client, who had considerable medical injuries, including a traumatic brain injury as a result of a motorcycle accident, to perform cognitive and balancing tests. These tests unfairly prejudiced the client. 

After identifying this issue, Atty. Skarie drafted and filed a Motion to Suppress for lack of Probable Cause to Arrest. After a motion hearing, the Judge granted the defense's Motion, resulting in the prosecution voluntarily dismissing the client's case. Better yet, Atty. Skarie was able to recover the client's lawfully owned firearm which was confiscated during the traffic stop. Very happy client. 

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