State v. D.S.C. - Second Degree DWI and Vehicle Forfeiture Returned and Reduced Charges

03/25/21

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. 

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