I am currently fighting my OWI third. My last conviction was at least 4 maybe even 5 years ago. When the officer arrived on the scene I was about 30 yards from my brothers car and it was around 2:30 am, and I was walking to my friends house. The officer asked me what I was doing and I told him I was taking a walk to my buddies house. The officer did not read me my rights but continued to probe me for information. I told him that I wasn't driving and that I was walking to a friends house. Then he wanted to give me sobriety tests but I told him there was no reason, because I wasn't driving. So he cuffed me and put me in the car. I had locked the car before I left and had a spare set of keys in my pocket. I grabbed the spare set of keys, because my brother had the other set and it makes no sense to lock keys in the car. It had snowed a lot that night so the car slid into the snowbank and was stuck. Before the officer cuffed me I told him that I wasn't going to tell him anything else and that I would talk to a lawyer. The officer said something about a witness had seen someone in dark clothes, and the officer said that the footprints looked like they would match my shoes I guess that was his probable cause. But my brother and I have the same size and same brand shoes. I never brought up my brother at all to the officer. But what are my chances of beating this case?? And also what are my chances of beating this case with having my brother testify to driving that night and taking off before the police showed up??? Please help
1 Answer from Attorneys
Nobody could answer you without knowing the rest of the facts and reviewing the police reports, but if you are making your brother lie under oath at your trial, he should be represented too, since he could potentially be charged with perjury or obstructing. While 3rd offense OWI is a bad problem, perjury is a far worse one. Therefore, don't risk turning a misdemeanor case into a felony or two. This story, if presented by a skilled trial attorney, might get a better offer out of the DA if convincingly laid out, assuming it left any real doubt as to who the driver was. The lawyer could potentially do this without suborning perjury or obstruction charges, so that nobody would ever need to take the witness stand. You being the sole person on the scene, on the other hand, 30 yards from the car, and with the keys in your pocket, is pretty incriminating evidence. No matter what, talking about this on a public website easily traceable back to you by law enforcement to be used against you at trial (there is no attorney client privilege for online public posts) is a bad idea, even if your post is intended to solicit legal advice.
Do not assume that I am your attorney because of my response here. Call my office in Racine (262-633-3090 or email [email protected]) for clarifications, but short of such additional arrangements, I will not be taking any action on your case. See me on the web at www.jayknixonlaw.com, or view fifteen years of past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency ., Also see them on AVVO answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html. Answers may contain attorney advertising materials.
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