Legal Question in Traffic Law in Wisconsin

My son was pulled over because he had a light out and for no other reason. when he was pulled over the Officer smelled marijuana. My son had a joint in the vehicle (only one). Next came the sobriety test which was recorded on the Officers vehicle cam. It recorded sound and video. On the video my son passed all tests given to him but one. The Officer is hear asking jake to lift his left leg which my son did just fine, then the Officer said, "I said RIGHT leg" which my son then did. The officer clearly forgot what he asked my son to do. It is clearly recorded. The officer was confused. it appears on that basis the officer arrested my son and he was charged with driving under the influence. It is true, he had smoked a joint nearly 6 hours earlier but was not swerving and other than the Officers confusion in the test, passed the sobriety test. Should he plead not guilty? Is the Officers confusion in administering the test enough to get the courts attention? This is his first offense ever. not even a parking ticket. He is 24 has a job and was in the military. I would at least like to see this reduced as I know my son and he would is against drunk driving. He felt he was his body had completely metabolized the small amount of marijuana he has smoked many hours earlier.


Asked on 3/21/14, 6:02 am

1 Answer from Attorneys
JAY Nixon nixon law offices

If you want to help your son, retain an experienced criminal lawyer for him. However, drugged driving charges are often even more difficult to beat than drunken driving, assuming that the blood test revealed the presence of THC. Attempting to suppress the test results (possibly for inadequate probable cause to arrest), sounds like the best option based upon the information you offer so far.

My answer does not automatically make me your attorney, so you need to consult with your own attorney before acting upon any of my comments and may contact my office at 333 Main St, Racine, WI 53403, 262-633-3090, during business hours, or see me on the web at www.jayknixonlaw.com. or past online answers at the following links: http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixonAttorney or at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency . Answers may contain advertising materials.

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Answered on 3/21/14, 6:34 am


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