Saperstein’s client was charged with OWI and, separately, with refusal to submit to chemical testing (out of the same incident). Client had been pulled over for failing to turn on his headlights after leaving a parking spot near a downtown bar. Client refused to perform field sobriety tests and refused to submit to breath testing (he told officer he would give blood, but officer offered breath). At the refusal hearing, Saperstein successfully argued that the arresting officer did not have probable cause to arrest, making the client’s refusal a valid refusal (not illegal). The State had to dismiss the refusal and the OWI.
Real Case Results
Richland County – Interference with Child Custody and Bail Jumping Charges Dismissed
The charges in this case were filed during a dissolving marriage and an acrimonious divorce, which provided a compelling reason for the complaining witness to falsely accuse Saperstein’s client. Saperstein’s resolve and willingness to go to trial, coupled with thorough investigation, culminated in dismissal of the charges.
Sauk County – Battery Charge Dismissed
Saperstein’s client was charged with a single count of Battery for allegedly punching a drunk party-crasher after a wedding reception. The guy was trying to get onto a van that the wedding party had rented, and was pushing in front of the client’s elderly father. Saperstein put together a strong self-defense case, analyzing the video from the exterior of the banquet hall where the events took place. The prosecutor was ultimately persuaded and dismissed the charge.
Dane County – OAR/Operating While Revoked Charges Dismissed
By keeping the case open long enough to clear up the client’s traffic record and obtain an occupational driver’s license, Attorney Saperstein was able to negotiate dismissal of his client’s OAR charges.
Columbia County — “Expungement” Saves Client’s Future
Saperstein’s client was a Chinese national on a student visa, studying public health. He received a disorderly conduct citation, as a county ordinance, and failed to show up for court. As a result, he was convicted of the disorderly conduct. Months later, when he had to renew his student visa, he found out that the disorderly conduct conviction would present a major problem. After reviewing the case file, Saperstein discovered that the notice of hearing had the incorrect date on it. Saperstein was able to negotiate with the DA to re-open the defaulted case and to dismiss the disorderly conduct. As a result, client was able to remain in the US to finish his college education.
Richland County – Domestic Abuse/Battery and Strangulation Charges Dismissed
After interviewing several witnesses to the incident, including the complaining witness, Attorney Saperstein negotiated the dismissal of his client’s charges. The interviews revealed a stark contrast between the original reporting of the incident and the version consistently reported by these witnesses, many of whom were never interviewed by police.
Sauk County – OWI Charge Dismissed
Attorney Saperstein negotiated the dismissal of his client’s OWI charge. A detailed review of the stop and arrest showed that the arresting officer did not have the required “reasonable suspicion” and “probable cause” to detain and arrest the client.
Dane County – Domestic Disorderly Conduct/Battery DISMISSED Before Trial
Attorney Saperstein’s client was charged with domestic disorderly conduct and criminal damage to property after neighbors reported what sounded like a loud argument. Client and client’s girlfriend were both foreign University of Wisconsin at Madison (UWM) students. Charges were dismissed before trial by persuading the prosecutor that the police who investigated misunderstood the alleged victim’s statement due to language and cultural differences.
Walworth County – Successful Appeal To Reopen OWI Refusal
Walworth County Circuit Court defaulted client on an OWI refusal, declaring the refusal hearing demand was not timely filed. Court of Appeals agreed with Saperstein’s interpretation of the law governing the calculation of the 10-day deadline – that it does not include Saturdays, Sundays, holidays or the day of the event itself. The refusal was reversed and remanded to trial court.
Shorewood Hills – Municipal Court Drunk Driving (OWI) & Hit and Run Dismissed
Saperstein negotiated a settlement that allowed his client to plead to other citations that would not result in the loss of his license or the other penalties associated with an OWI.
