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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