State v. D.S.C. - Second Degree DWI and Vehicle Forfeiture Returned and Reduced Charges
Our client was stopped for speeding and after the officer administered field sobriety tests, ultimately arrested our client for 2nd Degree DWI. The DataMaster test result was a .17. Because our client had a previous DWI, the state charged him with 2nd Degree DWI. Police forfeited his vehicle.
We filed a lawsuit challenging the vehicle forfeiture and sought to have a contested hearing in the criminal case. Ultimately, we convinced the state to dismiss the second degree charges. DSC pleaded guilty to third degree DWI without jail or other sanction. Without a second degree DWI conviction, the state returned the vehicle.