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OWI Case Dismissed After Brutal Suppression Hearing

  • Birdsall Obear

State v. HW

The arresting officer claimed that HW "failed" three field sobriety tests. An initial review of the police reports seemed to support this notion. However, Kirk filed a motion to suppress based upon the results of an administrative suspension hearing which was held prior to the case going to Circuit Court. Kirk knew from the testimony at the suspension hearing that the officer was not up to snuff.

He subpoenaed the officer's training materials to a suppression hearing and used them to cross-examine the officer on his administration of the field sobriety tests. It turns out that the officer administered the tests in a way that could not be considered a "failure" by any means. After Kirk made the cop look like he didn't know which way was up, the prosecutor decided that enough was enough and ditched the case. Observers in the court room reported that they felt bad for the officer. HW walked away with a reckless driving citation and no drunk driving conviction.

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