Attorney John T. Bayer's Legal Cases

DUI and DWI

County of Milwaukee v. Thomas ____ (Last Name Withheld)

N/A

OUTCOME: The prosecutor was forced to dismiss the OWI and PAC citations

Thomas was stopped by a Milwaukee County Sheriff’s Deputy and cited for OWI and PAC first offense. The arresting officer determined that Thomas had deviated from his lane of travel as he was traveling ... down I-94 in the City of Milwaukee. The Deputy stopped Thomas and determined that Thomas failed the field sobriety tests and Thomas subsequently submitted to the Breathalyzer which came back over the legal limit. Attorney John Bayer analyzed the case and determined that although Thomas’ vehicle was straddling the lane, his tires did not cross over the lane divider and therefore Thomas did not deviate from his lane. The prosecutor disagreed and Atty. Bayer made his argument to the judge. The court agreed with Atty. Bayer that Thomas should not have been stopped by the officer for lane deviation. Because the officer did not justify stopping Thomas’ vehicle, no evidence which the officer gathered after the stop could come into court, as it was held to be tainted.

DUI and DWI

State of Wisconsin v. Andrew ____ (Last Name Withheld)

N/A

OUTCOME: OWI and PAC charges were dismissed.

Andrew was stopped by a Milwaukee County Sheriff’s Deputy and charged with OWI and PAC second offense. The arresting officer determined that Andrew had ran a stop sign, failed some of the field sobrie ... ty tests and Andrew subsequently submitted to the Breathalyzer which came back over the legal limit. Attorney John Bayer analyzed the case and determined that even though the Deputy determined that Andrew failed some of the field sobriety tests, the officer made mistakes in administering them. Atty. Bayer argued to the court that the evidence that the officer gathered to make the arrest should not count against Andrew. The evidence included field sobriety tests and the preliminary breath screening test, which is the hand-held Breathalyzer administered to people on the side of the road prior to an arrest and which is commonly used as a ‘smoking gun’ to justify an OWI arrest. Andrew had blown over the legal limit in this hand held Breathalyzer prior to being arrested. The judge agreed with Atty. Bayer and did not count any of this evidence against Andrew, including the hand held Breathalyzer result. With no evidence to justify arresting Andrew, the OWI and PAC charges were dismissed.

DUI and DWI

City of Mequon v. ______ (First and Last Names Withheld)

N/A

OUTCOME: Refusal, OWI, and PAC dismissed

Client was stopped by a City of Mequon police officer and cited for Refusal to Submit to a Chemical Test, OWI and PAC first offense. The arresting officer determined that Client had failed all of the ... field sobriety tests and after Client refused to voluntarily submit to a chemical test, the officer administered an involuntary blood draw and the results came back well over the legal limit. Attorney John Bayer analyzed the case and determined that the officer did not have a right to enter Client’s open garage where Client was standing to make contact with Client and conduct the OWI investigation. Atty. John Bayer filed his argument in writing with the court and prosecutor. After reading the argument and discussing it with Atty. Bayer, the prosecutor agreed to dismiss the Refusal and OWI and PAC citations.

DUI and DWI

State of Wisconsin v. George _____ (Last Name Withheld)

N/A

OUTCOME: Prior offense was thrown out and the prosecutor dismissed both the OWI and PAC charges.

George was stopped by a City of Markesan police officer and charged with OWI and PAC fourth offense. The arresting officer determined that George had failed all of the field sobriety tests and a blood ... test came back with a result over the legal limit. Attorney John Bayer analyzed the case and determined that a prior OWI offense that the prosecution was using to elevate the charge against George to a fourth offense should not be used. The prosecution did not agree, but Atty. John Bayer made his argument to the judge. The judge agreed that the prior offense should not be used and after the prior offense was thrown out. The prosecutor dismissed both the OWI and PAC charges.

John T. Bayer's Legal Cases (4)

County of Milwaukee v. Thomas ____ (Last Name Withheld)

State of Wisconsin v. Andrew ____ (Last Name Withheld)

City of Mequon v. ______ (First and Last Names Withheld)

State of Wisconsin v. George _____ (Last Name Withheld)