People v. J.W.

Kirsten Nielsen Hartig

Case Conclusion Date:November 19, 2008

Practice Area:DUI / DWI

Outcome:Client found not guilty by jury

Description:Client charged with Operating While Intoxicated. Client alleged to have been in an accident while intoxicated near his home and then walked back to his home leaving his car. Five hours after alleged accident, police officer, in the dead of night, knocks on his door and he is eventually arrested for Operating While Intoxicated. Client allowed me to file a Motion to Dismiss for lack of authority to enter his home without a search warrant, citing the 4th Amendment to the Michigan and US Constitution and a Motion to Suppress my client's statement as violative of the 5th Amendment. An evidentiary hearing was set where Judge denied my Motion to Dismiss but granted my Motion to Suppress a statement my client made after he was under arrest. The case proceeded to jury trial and my client was acquitted of the charge of Operating While Intoxicated. After the acquittal, I brought a Motion for Destruction of Fingerprints and client's mugshot, completely erasing his arrest from his criminal record.