Mike Brandt’s client was charged with Gross Misdemeanor DWI following an incident where his client’s motorcycle went off the road and a 911 caller reported. The police accosted Mike’s client shortly after this when they found him walking on the side of the road. His client was eventually arrested, agreed to a breath test, and was charged with a Gross Misdemeanor because his client had a prior DWI within 10 years.
Mike brought a motion to suppress the evidence based upon an illegal seizure. Mike was prepared to litigate the propriety of the charges when the prosecutor offered to reduce the charges to Careless to Driving. A conviction for Careless Driving would not result in a license revocation and could not be used to make a new charge or situation the future. Mike’s client chose to accept the careless driving and avoided a mandatory minimum 30 days in jail and probation for up to six years.