Can You Get an OWI in Your Own Driveway in Wisconsin? Oh Yeah.
This story from 2014 is bizarre and went down a strange legal path that ended up not working. CourtHouseNews
Valiant Green was sitting in his own driveway, when cops showed up to question his sobriety. Green was arrested, and was taken to the local hospital were he had blood drawn which revealed an alcohol content of 0.214. This would be Green's 4th OWI violation.
Green took to the courts to get this charge thrown out. Green's defense was that he wasn't pulled over driving the streets or highways, he was siting in his car in his driveway and that his arrest shouldn't have happened.
So let's rewind a bit, why did cops come to his home and question him in his own driveway to begin with? Neighbors were concerned about Mr. Green, so they called the cops saying that he was in fact driving around the neighborhood...drunk. When the officers stopped by, he wasn't driving...just sitting in his car, in his driveway. He was glassy eyed, smelled of booze, had slurred speech and appeared intoxicated. So that is why the arrest happened.
Green defended himself in court saying that this arrest and having his blood drawn at the hospital should not have happened, but the judge wasn't having it.
Even though he was NOT driving at the time, the judge said there was enough proof that he WAS driving intoxicated at one time. Therefore the arrest stands.
“Green’s argument fails…because reasonable inferences from the affidavit support finding probable cause that Green drove on a public road. And that’s all that is needed.” - Justice Brian Hagedorn
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