Our client was originally charged with a 3rd offense felony OWI and had 4 prior OWI charges. Attorney DeBruin diligently reviewed the officers dash camera footage, body camera footage, police report, and concluded that the officer had improperly questioned our client.
Our client was found in their vehicle parked on the side of the road sleeping. Dispatch changed the characterization of the 911 call that came in to indicate to the officers on scene that there had been an accident. There was open alcohol in the vehicle and although our client was never seen driving, because our client was the only person in the car and the vehicle was registered to in their name, the officers arrested them and charged them with OWI.
The officer had improperly questioned our client at the scene prior to their arrest. Attorney DeBruin spoke with the prosecutor and indicated she would be filing a motion to suppress the arrest and the statements made by our client when they were “in custody”. The prosecutor ultimately agreed to reduce the felony OWI to impaired driving and our client was sentenced to a short term of probation with no jail time.