Success Stories

At the Law Offices of John T. Bayer, we strive to provide legal representation in OWI/Drunk Driving cases at the highest level. We are proud of the results that we have obtained for our clients. Here are some examples of results in cases in which Attorney John Bayer has represented clients accused of OWI/Drunk Driving:

County of Milwaukee v. Thomas ____ (Last Name Withheld): 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. The prosecutor was forced to dismiss the OWI and PAC citations.

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

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

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

State of Wisconsin v. Lawrence _____ (Last Name Withheld): Lawrence was stopped by a Milwaukee County Sheriff’s Deputy and charged with OWI and PAC second offense. The arresting officer determined that Lawrence failed all of the field sobriety tests and Lawrence subsequently submitted to a Breathalyzer and blew over the legal limit. Attorney John Bayer analyzed the case and determined that the prior offense being used by the prosecution to make the OWI and PAC charges second offense criminal cases should not count against Lawrence. The prior offense being used by the prosecution occurred from a military base out of state. Initially, neither the prosecution nor the judge agreed with Atty. John Bayer that it was unfair and illegal to use the prior offense to elevate the charges in this case. After much hard work and research, the prosecution came around and amended the OWI and PAC second offense charges to non-criminal first offense OWI and PAC citations.

State of Wisconsin v. _____ (First and Last Name Withheld): Client was stopped by a Sheriff’s Deputy and charged with Refusal to Submit to a Chemical Test, OWI and PAC second offense. The arresting officer determined that Client had failed all of the field sobriety tests and after Client refused to voluntarily submit to a Breathalyzer the Deputy administered an involuntary blood draw which came back well above the legal limit. Attorney John Bayer argued to the court that the charges should be dismissed without the need for a trial because the prosecution did not have the proper amount of proof that Client was driving his vehicle on a public street. The judge agreed and dismissed the Refusal and OWI and PAC charges.

State of Wisconsin v. Matthew _____ (Last Name Withheld): Matthew was stopped by a Wisconsin State Patrol Trooper in the City of Green Bay and cited for OWI and PAC first offense. The arresting officer determined that Matthew had failed all of the field sobriety tests and Matthew subsequently submitted to a blood test that came back over the legal limit. Attorney John Bayer analyzed the case and determined that the arresting officer made a number of mistakes administering the field sobriety tests and also that there was a probability that Matthew’s blood alcohol content was actually below the legal limit at the time he was driving his vehicle. The case was brought to a jury trial in the Brown County Circuit Court. The jury found Matthew Not Guilty of OWI and PAC.

Village of Waunakee v. Cally ____ (Last Name Withheld): Cally was stopped by a Village of Waunakee police officer and cited for OWI and PAC first offense. The arresting officer determined that Cally had failed all of the field sobriety tests and Cally subsequently submitted to the Breathalyzer and blew well over the legal limit. Attorney John Bayer analyzed the case and determined that the arresting officer made a number of mistakes in administering the field sobriety tests prior to arresting Cally. Attorney John Bayer argued to the judge prior to a trial that the field sobriety evidence should not count against Cally, and without this evidence the officer should not have arrested her. The judge agreed and the OWI and PAC citations were dismissed.

State of Wisconsin v. Jeffery _____ (Last Name Withheld): Jeffery was stopped by a Village of River Hills police officer and charged with OWI and PAC second offense. The arresting officer determined that Jeffery failed the field sobriety tests and Jeffery subsequently submitted to the Breathalyzer and blew over the legal limit. Attorney John Bayer analyzed the case and determined that because Jeffery was found by the police in a driveway the prosecution would have a difficult time proving that he was operating his vehicle on the public street, a necessary element that the prosecutor has to prove to obtain a conviction for OWI and PAC. Jeffery was an Illinois driver and could not afford to risk the devastating consequences a second offense OWI has on an Illinois driving license. The prosecutor ended up amending the OWI and PAC to a non-drunk driving charge.

Village of Lake Delton v. Matthew ____ (Last Name Withheld): Matthew was stopped by a Village of Lake Delton police officer and cited for OWI and PAC first offense. The arresting officer determined that Matthew failed the field sobriety tests and Matthew subsequently submitted to a Breathalyzer and blew over the legal limit. Attorney John Bayer analyzed the case and found that the officer made mistakes in administering the field sobriety tests and also that there was a strong defense to the breath test result, as the evidence pointed to Matthew’s breath alcohol concentration being below the legal limit at the time he was operating his vehicle but had risen above the legal limit by the time he submitted to the Breathalyzer, as he submitted to the Breathalyzer approximately one hour after he was done driving and his body was still absorbing alcohol. Matthew held a commercial driver’s license, which was saved along with his career as the prosecutor agreed to amend the OWI and PAC citations to a Reckless Driving citation.

City of Oak Creek v. Steven ____ (Last Name Withheld): Steven was stopped by a City of Oak Creek police officer and cited for OWI first offense. Attorney John Bayer set the case for trial in the City of Oak Creek municipal court. Before the trial began, the prosecutor agreed to amend the OWI citation to a Reckless Driving citation.

Village of Pleasant Prairie v. Carmen _____ (Last Name Withheld): Carmen was stopped by a Village of Pleasant Prairie police officer and cited for OWI and PAC first offense. The arresting officer determined that Carmen failed field sobriety tests and Carmen subsequently submitted to a Breathalyzer and blew over the legal limit. The case was brought to a 6 person jury trial in the Kenosha County Circuit Court. Before the trial began, the prosecutor agreed to amend the OWI and PAC citations to a Reckless Driving citation.

State of Wisconsin v. Nicholas ____ (Last Name Withheld): Nicholas was charged with Second Offense OWI and PAC in Waukesha County. He was stopped by a Waukesha County Sheriff’s Deputy and subsequently arrested for OWI. The Waukesha County Deputy stopped Nicholas for Failure to Maintain Control of his vehicle. Attorney John Bayer successfully challenged the reason the Waukesha County Deputy had for stopping Nicholas’s vehicle. The judge agreed that Nicholas should not have been stopped by the Deputy and dismissed all charges in the case.