AC was charged with OWI
The police had stopped the client after noticing some weaving. The client performed field sobriety tests adequately but had admitted to some moderate drinking through the night. The PBT and DataMaster revealed a blood alcohol level of .09. Our firm filed discovery demands and moved to have access to squad car and DataMaster room videos. Although the prosecuting attorney stipulated to production of discovery, the police officers who had performed the stop never responded to these discovery requests.

As the matter proceeded to trial, a jury was selected and a date was set for trial. During the weeks between the selection process and the trial, the prosecuting attorney yielded and offered a plea to careless driving, which the client accepted. Unbeknownst to the prosecuting attorney, the police officers who had stopped the client were nearly five miles outside their jurisdictional limits, and the court lacked jurisdiction over the defendant.

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