Legal Question in DUI Law in Wisconsin

My boyfriend went to court for a hearing in fighting a dui he received in Oct. 2008 (probable cause). It has been over 90 days and have still not received the judges decision if the charges should be dropped or if it will move forward. Can they take as long as they want or do they have certain number of days to reply. His lawyer doesn't give us many answers. We is just getting tired of the situation that has been going on for over a year. He plans on fighting this all they way to a jury trial if the charges are not dropped. This was all based upon a 911 call. The caller did not not want to make a statement so all they had was the color and make of the vehicle. He was pulled over going into his driveway. The officer said he made a wide right turn 2 blocks before his driveway, but the problem is the police were never behind him until he was about a block from his driveway. I was on the phone with him and he said that two cars were racing up the hill behind him and when he was turning into the driveway they turned their lights on and pulled him over. They made up the probable cause because they lost the sure thing of the 911 call. The reason why the 911 call was made because they thought he was driving in the ditch, when he was actually pulling over to let them pass because they were tailgating him.


Asked on 10/15/09, 5:02 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

It would be improper for me to comment on a case on which you are already represented by a lawyer; you should direct your questions instead to him. However, one question I would ask you in this scenario is "what's your hurry?" If the case, like many OWI's, ultimately results in a conviction and jail time, why would your boyfriend want to do this sooner rather than later? Rushing a case usually benefits the government far more than it benefits the defendant, since the government has the burden of proof and the passage of time nearly always makes this more difficult for them. Also, although there are ways to push the judge, is this really a good idea? My experience is that a rushed decision is far more likely to be worse than a decision which is the result of long and careful deliberation. Finally, your lawyer is probably not offering lots or answers because there he has none; that is, he has no more new information than you do, and he probably will let you know once something new becomes available to him. He is also probably trying to avoid burning up all the time for which your boyfriend has paid him in conversations which do not advance his case in any way. As for the conduct of the officers, your implication that probable cause is sometimes "manufactured" by the officers is possibly accurate. Intentionally placing drivers who they are observing for suspected OWI in stressful situations is a part of some officer's formal training. Depending upon the subject's reaction to the law enforcement presence, there may be evidence of either sobriety or intoxication. However, there is a line which should not be crossed and judges can sometimes throw out cases for this reason. My response in this public web forum is intended for public educational purposes only and not intended to create an attorney client relationship between us.

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Answered on 10/28/09, 8:34 am


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