Thursday, November 19, 2020

Free Pass due to Officer Mistakes on OWI 2nd Ticket ?

 

https://www.avvo.com/legal-answers/authorized/i-was-charged-with-a-second-owi--but-the-vehicle-i-5035111.html#answer_10195181

 

I was charged with a second OWI, but the vehicle information on my ticket is wrong?  I was pulled over a couple days ago . . . Do I have any leg to stand on with that? Also I did a blood test, my court date is less than a month away and the officer told me the blood test wouldn’t be back for 6 weeks! How can I be charged in court if the blood test isn’t back by then?  

Jay’s Answer:   OWI 2nd in WI is a criminal charge, carrying up to six months in jail, plus many other penalties.   If the DA can't prove the case against you beyond any reasonable doubt at your  jury trial, you will walk free at the end of it.   A well-seasoned criminal defense lawyer should be able to make at least a few points cross examining the arresting officer with this mistake, but there is no guarantee that this one alone will carry the day for  you.   Only the jury can decide whether or not this mistake, together with all the other evidence, leaves enough doubt remaining at the end to acquit you.    If there is still strong evidence that you actually drove drunk and have a previous conviction within the last ten years, despite this mistake, you would probably still be convicted. That being said, however,  this sloppy work by law enforcement might have some value during negotiations, if you didn't want to go through the expense and risk of a jury trial.  The error does raise the question of what other mistakes these Keystone Cops might have made here.   In the face of a flawless chemical test by a qualified technician, however, those arguments still might not be enough, regrettably.   As to your 2nd question about delayed blood test results, while the state would indeed need them by the date of trial, but your first court date is probably at least six months and 3 more court appearances away, so odds are that they will have it by then.  There is no requirement that their case be totally ready for trial before they start the court process.

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