Lack Of Probable Cause In OWI Arrest – Madison WI
January 2016 – A Madison man was confronted by police after a 3:00 a.m. car accident for which he was not at fault. The only evidence that the police possessed that the defendant may have been operating a motor vehicle under the influence was an odor of intoxicants. Attorney Stephen J. Eisenberg filed a Motion to Suppress arguing the police did not have probable cause to request the defendant to take field sobriety tests or to arrest him. The Circuit Court for Dane County agreed with Attorney Eisenberg and found that the arrest of the defendant was in violation of the Fourth Amendment to the United States Constitution and without probable cause. The charges of OWI 3rd were subsequently dismissed.
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