Case Study: Not guilty owi 2nd offense milwaukee county
Jury finds local bar owner not guilty
The client, in this case, had recently opened a new bar in Cudahy, WI. During a busy night, the client ran to a local grocery store to pick up additional bar supplies. After exiting the store, the client drank inside her vehicle and fell asleep from exhaustion. The police arrived and arrested the client for drunk driving.
At trial, we demonstrated that the client never “operated” the motor vehicle while impaired, as she had consumed the alcohol after arriving at the grocery store.
Client Details: This was a second offense case. The client was a young business owner who recently opened a tavern in Cudahy, WI.
Heading #1 | Heading #2 |
|---|---|
Incident Location | City of Cudahy, Milwaukee County, WI |
Duration | The case took approximately a year to resolve. |
Previous Convictions | Yes – this is a 2nd offense OWI |
Lead Attorney | Attorney Dan Skarie |
Prosecution | Milwaukee County District Attorney’s Office |
Jurisdiction | Milwaukee County Circuit Court |
Blood Alcohol Content (BAC) | 12 BAC |
Field Sobriety Tests | This defense did not focus on the SFSTs. We conceded that the client was impaired when she was put through tests. Our defense was that the alcohol was consumed in the parking lot after driving and, therefore, did not impair the client when she operated her vehicle. |
Outcome | The jury found the client not guilty of both counts – OWI 2nd Offense and PAC 2nd Offense |
The specific challenge in this case is that the State could not prove that the client consumed alcohol prior to operating the motor vehicle. The client had a receipt for alcohol purchased from the store, as well as an open container of alcohol in the vehicle. Second, the State could not prove that the client “operated” the motor vehicle.
Operation requires that the client exercised control over the vehicle (steering wheel, gear shifter, pedals, etc.) while intoxicated. Even though the car was on when the police arrived, the client never touched or operated the vehicle’s controls while impaired.
The defense strategy revolved around the importance, in this case, of really knowing the client and telling her story. We informed the jury how the couple had recently purchased the bar, were struggling for business, working long hours, and under a great deal of stress.
It was important to emphasize why someone would drink in a parking lot rather than return to the bar. The client and her husband had an argument before the client left. While in the parking lot, the client’s anxiety about her and her husband’s relationship, the finances of the bar, and the totality of the situation caught up with her, and she fell asleep after having a few drinks to calm her nerves.
- Constant communication.
- Knowledge of the law.
- Knowledge of proclivities of judges and prosecutors
- Willingness to file motions, try cases, and advocate for the client.
- Honest, no-nonsense analysis of the case.
- I actually care about the clients. More than a retainer fee.
Attorney Dan Skarie is recognized as one of Wisconsin’s top OWI defense attorneys.
For an aggressive defense and favourable outcome, it is recommended to contact Attorney Dan Skarie. Protecting your freedom and reputation during this challenging time is important, and seeking guidance from a knowledgeable professional can be helpful.
Take the first step towards safeguarding your rights. Contact us today for a free consultation.
