• Dan Skarie

OWI Second Offense Causing Injury Kenosha County Circuit Court Reduced to Misdemeanor

Updated: Mar 12

Causing injury cases are some of the most complex and difficult cases an OWI defense attorney faces. For the client the fact that another party was injured means much more serious consequences if convicted.

In this particular case a 20-something client stopped to have a drink at Applebees after work. On his way home he was involved in an accident in which his vehicle rear ended the vehicle in front of him prior to a stop sign. It was unclear whether the accident took place because the client didn't stop quickly enough or if the vehicle in front broke too quickly.  A husband in wife in the struck vehicle complained of back and neck injuries.

Because this was the client's second OWI offense the Kenosha County District Attorney's Office charged the client with a Class H Felony which carries up to 6 years in prison as a penalty. Client was rightfully fearful of what his future held.

One of the main defenses to causing injury cases is whether the accident would have taken place even if the client was not impaired by alcohol. After reviewing the accident report, discovery and witness statements, Atty. Skarie convinced the prosecuting attorney that this accident would have happened regardless. This was huge as the case was now a misdemeanor 2nd Offense OWI. The client avoided a felony conviction and exposure to prison time. Very happy client who was able to move forward with his life without a felony conviction following him the rest of his life.


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