Winnebago Co., Wisconsin
A Wisconsin man arrested for operating while intoxicated whose blood alcohol level was close to three times the legal limit was acquitted of all charges at a jury trial in October.
The Winnebago County man was arrested for an Operating While Intoxicated (OWI)-1st offense, and Operating With a Prohibited Alcohol Content (PAC)-1st offense. Police arrested the man around 1:00 a.m. in a parking lot where he was standing outside his vehicle with his wife and friends. His blood alcohol level was nearly three times the legal limit. He failed all the field sobriety tests, and could be seen on video tape slurring his speech, and swaying to the point of nearly falling down. Police claimed they followed the vehicle into the parking lot and saw him get out of the driver's side. Police also claimed one of the passengers had identified the defendant as the driver. The Defendant's attorney, Sydne French, was able to present damning evidence, testimony that showed police had coerced the witness who identified the defendant as the driver. The jury heard from the passenger that police had actually threatened to arrest her if she did not identify the defendant as the driver. Attorney French's cross examination of officers also revealed several minutes had passed before the police pulled into the parking lot, making it impossible for them to have seen the defendant getting out of the driver's seat.
Tuesday, October 30, 2007
Monday, April 9, 2007
OWI reduced to simple traffic ticket
Waupaca Co., Wisconsin
A Waupaca County man's OWI charges were amended to "failure to dim lights" after his attorney established numerous inconsistencies in the officer's story.
The defendant had been out drinking while fishing with friends earlier that evening. Police claimed the defendant came to their attention because he had crossed the center line and was swerving his vehicle.
Attorney Sydne French said the arresting officer had also claimed her client had failed all his field sobriety tests. Attorney French argued the officer's account was implausible, and a video tape emerged showing the facts alleged in the police report as false. "You never know what you're going to find until you get out there and start investigating" Attorney French said. "If more attorneys actually got involved in their cases, they would be surprised at how much of the story is missing from the police reports."
A Waupaca County man's OWI charges were amended to "failure to dim lights" after his attorney established numerous inconsistencies in the officer's story.
The defendant had been out drinking while fishing with friends earlier that evening. Police claimed the defendant came to their attention because he had crossed the center line and was swerving his vehicle.
Attorney Sydne French said the arresting officer had also claimed her client had failed all his field sobriety tests. Attorney French argued the officer's account was implausible, and a video tape emerged showing the facts alleged in the police report as false. "You never know what you're going to find until you get out there and start investigating" Attorney French said. "If more attorneys actually got involved in their cases, they would be surprised at how much of the story is missing from the police reports."
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