You Can Get out of OWI Charges, and Here’s How
The phrase used in Wisconsin for driving under the influence of a substance is Operating While Intoxicated (OWI), and it’s a serious charge that could end your driving days, at least for a while. For the most part, challenging OWI charges involves trying to get a more lenient sentence. Yet it is possible to have the Wisconsin OWI charges dismissed entirely through a few strategies.
Audio and Video Recordings Show What Happened
Did the officer who arrested you say you were slurring your words and acting belligerent? Was there a body cam video that showed you were able to speak clearly and that you cooperated with the officer? Any sort of evidence that shows that the officer’s report was not accurate can help exonerate you. It may not be the only piece of evidence needed, but it plays a big role, especially when the video and audio are very clear.
How Accurate Is the Police Report?
In addition to directly contradicting the officer’s claims through recordings, you could be able to point out parts of the report that are inconsistent. Was the location correct? Did the officer note your correct car model and license plate? What other problems can you find with the report that you can prove are inaccurate? If the report is not completely truthful, that’s a point in your favor because it shows the charges may be based on a false arrest.
Suppressing Evidence Through the Court
Normally, suppressing evidence is difficult. But you can legally do it by having your lawyer file something called a motion to suppress evidence. If granted by a judge, this basically marks evidence as inadmissible due to a problem, such as illegal search or illegal arrest. If you can show that the report was not accurate and that your behavior was not as bad as the officer claimed it was, you might convince a court to find that the evidence is inadmissible.
Don’t face OWI charges alone. Contact a lawyer at Eisenberg Law Offices to start working on your case.