BH was charged with his third offense in Ozaukee County. Ozaukee County is notorious for prosecuting drunk driving offenses to the fullest extent and refused to do much for BH initially. On the other hand, our firm is notorious for defending drunk driving cases to the fullest extent. Something would have to give. In this case, as in any other case we handle, Attorney Matt Murray combed through all the reports and recordings, when a golden nugget revealed itself. Following BH's breath test, the booking video clearly showed BH asking if he could have the alternative blood test free of charge, which is his right under Wisconsin law in such a situation. Yet, the arresting officer never responded to BH's question. She kept side-stepping the request, stating things such as “well, the machine is accurate … this is not a borderline result,” etc. In essence, the officer was trying to discourage BH from seeking an alternative test. Attorney Murray filed a motion to suppress (throw out) BH's breath test results on the grounds that the officer did not give BH the alternative blood test he had asked about, violating his rights in the process. When Attorney Murray initially raised this issue, the officer actually filed a supplemental report denying that BH had ever asked about a blood test, much less that she did anything to discourage such a test, not knowing that she was caught red-handed on the booking video. Finally, on the morning of the motion hearing, the prosecutor learned of the officer's actions as depicted by the video and agreed to dismiss the drunk driving charge. BH could not be happier and neither could we. This was a case in which the officer’s misconduct was exposed, protecting not just BH, but hopefully all citizens from such misconduct in the future.
