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OWI with Refusal Dismissed

  • Birdsall Obear

On the last day possible to request a refusal hearing, a client called Kirk advising him that he didn't know what to do or how to respond to the notice. Kirk quickly sprang into action and made sure that the refusal hearing request was filed at the last minute.

This was a Northern County in Wisconsin, unaccustomed to aggressive defense, and the judge thought he could throw Kirk for a loop by scheduling a refusal hearing three days from the filing date. Kirk immediately obtained critical evidence and proceeded with litigating the hearing. At the end of the day, the judge agreed with Kirk that the arresting officer did not have probable cause and dismissed the refusal allegation. Kirk then filed a motion requesting that all evidence in the OWI case be dismissed.

Milwaukee Office
1219 North Cass Street, Milwaukee, WI 53202

Directions to Birdsall Obear & Associates Milwaukee office

Sheboygan Office
603 South 8th Street, Sheboygan, WI 53081

Directions to Birdsall Obear & Associates Sheboygan office