Wauwatosa Man Facing Charges After Brookfield Crash

A Wauwatosa man is facing multiple charges after he got into an accident on I-94 after allegedly smoking marijuana before losing control of his car.

Justin T. Scharlau, 30, was charged Monday in Waukesha County Circuit Court with one count of possession of THC, the active ingredient in marijuana, one count of possession of drug paraphernalia and one count of operating while intoxicated, third offense. If convicted, he could face up to one year and seven months in prison and $3,500 in fines.

According to the criminal complaint:

On Sunday, Scharlau was travelling westbound on I-94 near Sunnyslope Road in Brookfield when he lost control of his car, hit the median and the rear end of a truck, then crashed into the ditch. When police arrived at the scene, Scharlau said he was unhurt. Officers said his car smelled of marijuana.

He denied being under the influence of the drug, saying he had smoked it in his car the day before, but he was unable to pass a field sobriety test. In searching the car, officers found a baggie of marijuana and a syringe, along with a bag containing three small pieces of aluminum foil, commonly associated with the use of heroin or other narcotics.

Scharlau was then taken to Elmbrook Memorial Hospital, where he questioned why he was being charged with operating while under the influence when he was “fine and could drive with no problem.” He said the accident was caused when he was looking for a cigarette lighter. However, an officer noted that Scharlau seemed unable to drive.

The officer also made note of some odd behavior. He said that while he was escorting Scharlau outside the hospital, they walked past a small pile of cigarette butts and Scharlau grabbed two of them and began to smoke them.

Scharlau was previously convicted of OUI in 1999 and 2009. He is currently free on $500 cash bail while awaiting trial.