Negligent Homicide-Not Guilty/NGI-Dane County

Many of our cases have facts that are difficult to hear, for many reasons.  In this case our client, a young man who was psychotic at the time, ignored a stop sign, causing a three-car accident which tragically took the life of an innocent man.

The client was initially charged with First-Degree Reckless Homicide because he had made statements to police that he intentionally ran the stop sign.  

We had a motion hearing challenging the client's statements at which time the judge indicated that she was very likely to suppress some, if not all the statements made by the client.  That was the first step.  After the Court indicated its intentions, the State agreed to reduced the charge from Reckless Homicide to Negligent Homicide.  A change from possible multiple decades in prison to a maximum 5 years.

The client resolved the underlying charges, however, we were contesting his ability to differentiate right from wrong and had a jury trial on his mental responsibility.

We called multiple experts who testified that the client was schizophrenic and had bi-polar disorder.  The state countered with the fact that he used large amounts of THC which made his mental health symptoms far worse.

The trial was conducted over 2 days.  The jury was out for 90 minutes and found the defendant was not responsible for his actions at the time of the accident.  After the jury verdict, the court was required to take up the issue of whether the client should be committed to a mental institution or released back into the community to be supervised.  At the conclusion of the hearing, the court ruled the defendant shall be released back into the community.  He was not committed.

It is an awful situation, hopefully in the community the client will get the treatment he needs to deal with his mental health situation.  Very happy for the just outcome.

OWI 1st/PAC.086-Amended to Reckless Driving-Marathon County

The facts of this case are not great for the client.  He went off the road and drove into someone's front lawn, smashing multiple mailboxes in the process.  

The client admitted to being at the bar earlier and refused to perform field sobriety tests.  He admitted to the police that he had consumed 3-4 beers before driving.

He was arrested and consented to a blood test which indicated a blood alcohol concentration of .086, over the legal limit, but not by that much.  The bigger problem was the driving.  OWI cases with poor driving are far more difficult to navigate.  We did have one fact that was extremely helpful, the officers did not know how long the client's vehicle was parked before they made contact with him.  If the test result is not taken within 3 hours of operation, makes the test result inadmissible without expert testimony.

We never got there.  The state agreed to amend the charge to Reckless Driving.  May have been a tough case at trial, thankfully, we will never know.  The client was very happy with the outcome.

OWI 2nd/PAC .18- all evidence suppressed-Columbia County

This case involved the client being involved in a motor vehicle accident that he did not cause.  Another driver ran a red light and struck the client's car.  Law enforcement arrived on the scene and spoke to both parties.  When speaking to the client, the officer noted that he smelled like alcohol and admitted to consuming 2 beers earlier in the evening.  The officer had the client do field sobriety tests and arrested the client for OWI 2nd.  The client provided a blood sample which indicated a test result of .18.

We thought that was illegal to have the client submit to field sobriety tests and challenged the unlawful detention.

The officer testified and through cross-examination, we were able to get the officer to indicate the reason for the field tests was the odor of alcohol.  Well, that's not enough.  The Court agreed with us that the officer lacked reasonable suspicion to conduct field sobriety tests and suppressed all the evidence.  Fantastic win for the client.

OWI 3rd/PAC .127, Columbia County-Not Guilty

We have said for years that we believe our results in OWI cases are uncommon, we believe this case helps prove that.

Client was arrested after a neighbor called the police after witnessing the client driving down the middle of the road and striking a mailbox.  When police made contact with client, he was standing in the yard of another neighbor.  

The officer arrived on scene and wanted to discuss the client striking the mailbox.  Client had an odor of intoxicants, admitted to drinking and striking the mailbox.  He was put through field sobriety tests and arrested.  He refused to submit to a test of his blood, however, a warrant was issued and the client's results indicated a blood alcohol level of .127.

We tried the case at the end of May, our defense was the client had consumed alcohol after driving, therefore the test result was not reflective of his alcohol level at the time of driving.  

Jury was out for 45 minutes before returning not guilty verdicts on both the OWI and PAC charges.

OWI 5th/PAC/Felony Possession of Drugs-Sauk County-Case dismissed at Preliminary Hearing for Lack of Probable Cause

As we have mentioned previously, sometimes having preliminary hearings are extremely valuable in setting the groundwork for defending a case, we did a little more than that in this case.

The client was charged with OWI and felony drug possession, because his OWI was a 5th offense, his prohibited alcohol concentration is .02, or basically one drink.  The client was pulled over after allegedly driving 20 mph over the speed limit.  The officer noticed a slight odor of intoxicants and the client was alleged to have red, glassy eyes.

On cross examination Attorney Chirafisi asked the officer if he believed he had probable cause to arrest the client for impaired driving, the officer answered honestly, "no" he did not.  The officer also never testified to any of the drugs located in the vehicle.  That was all we asked.  At the conclusion of the hearing the judge indicated that because the officer stated he did not have probable cause to arrest and further, the officer was unaware of when he knew the client was subjected to the .02 blood alcohol level, there was no probable cause to arrest the client.

The case may come back, we will see.  However, at this point the client was able to walk out of court with the 2 felony charges dismissed.  

Columbia County - OWI 1st/PAC .286 All evidence suppressed

Client was an Illinois driver coming to Wisconsin on a snowy night in January.  Her car slid off the road and State Troopers showed up.  She had an odor of alcohol, was traveling in the wrong direction, and had priors, it was also 1:27 in the morning.

We challenged whether or not the officers had a basis to request she perform field tests.  The trooper failed to include multiple things in his report and admitted that upon contact with the client, he was going to have her do field tests.

The court found the officer lacked reasonable suspicion to do field tests and suppressed all the evidence.  The client had refused to submit to a test which normally is a huge problem in beating these cases. This one, not so much.  An OWI conviction for an Illinois driver is a large problem for their Illinois driving privileges, client was able to walk out with all charges dismissed.

OWI 1st/PAC- .10 Columbia County- Amended to Reckless Driving

This case involved a client who pulled his truck and trailer into the front yard of someone who he never met.  The home owner woke up in the morning, went outside and noticed the truck and trailer sitting in his front yard.  Homeowner called the police who found the client sleeping in the truck.  Client appeared to be under the influence after field sobriety tests and was arrested for OWI.  Blood test showed the client was .10 at 8:00 am. Client admitted to driving to the location around 2:00 am and parking.
We filed a motion to exclude the test result without expert testimony, as the test was taken more than 3 hours after the driving.  Because the test was taken outside the 3 hour window, the law indicates that the test is presumptively inadmissible without expert testimony.
The court indicates that it would take the motion up at the trial, if necessary, it wasn’t. Shortly before trial, the state offered to amend the charge to reckless driving.  Client loved that outcome, since the client’s goals are our goals, so did we.

OWI/PAC (.186 BAC) 1st- Columbia County- All evidence suppressed, case dismissed.

This case involves the stop of the client's vehicle for having a temporary sticker in the rear window in lieu of a license plate.  The client was stopped by law enforcement, and arrested for OWI.  Her blood test result was .186.

Attorney Chirafisi looked at both the video and photographs of the stop of the vehicle and believed the stop was unconstitutional as it appeared the client's temporary sticker was clearly posted in the rear window.  The state disagreed and a motion hearing was held.  At the conclusion of the motion hearing, the Court agreed with Attorney Chirafisi and found that under the circumstances, the stop of the vehicle was in fact unlawful.  After that ruling, the state, with no evidence to move forward, dismissed the case.

OWI/Resricted Controlled Substance- Dane County- Amended to Reckless Driving

Client was arrested after police found him wandering away from the scene of a single vehicle accident.  Client was unable to speak clearly and was unaware he had been involved in a car accident.  Based on the accident, the inability of the client to communicate clearly and the fact he was walking without shoes, led the officers to suspect the client was impaired.  The client was arrested and tested positive for Delta 9 THC in his blood.  That is a strict liability offense in WI.  If you are driving a motor vehicle and have a detectable amount of Delta 9 in your system, you are guilty, even without being impaired.  We filed a motion challenging the continued detention for field sobriety tests without reasonable suspicion.  

The state did not want to have the motion hearing, even with the low standard of reasonable suspicion and a slam dunk case if they prevailed at the motion hearing.  The state offered to amend the OWI/RCS charge to Reckless Driving without the client having to go forward with the motion hearing.

Possession of Child Pornography-Found Not Mentally Responsible at Trial-Marathon County

NGI (mental responsibility) cases can be difficult as the client bears the burden to prove that he/she was not mentally responsible for their crimes, it is twice as difficult when dealing with Child Pornography charges.

In this situation, the client was arrested after a search warrant was executed at his residence.  Law enforcement ultimately searched all electronic equipment belonging to the client and located multiple images of child pornography on his phone and computer.

The client also suffered from a Major Depressive Disorder, that disorder was uncovered when he was evaluated by our expert to determine whether he was mentally responsible.  Many people suffer from depression and convincing a judge or jury that that depression made the client unable to conform his behavior to those society expects was a tall task.  The state had the client evaluated after our expert provided his opinion and the state's doctor found the client was able to conform his behavior.

The matter went to trial on the issue of mental responsibility.  The first decision was to waive jury and let the judge decide the issue.  We did this for many reasons, including the fact that the judge knew a finding of mental responsibility required the client spend at least the next three years in prison.  

The matter was tried to the court and after hearing testimony from both experts, the court made the finding that the client was not able to conform his behavior and found the client not guilty by reason of mental disease or defect.  The client ended up getting released on conditional release, getting a social worker to assist him while living in the community as opposed to the mandatory 3 years in prison.

7th Offense OWI in Dane County - All Evidence Suppressed

This client was charged with a 7th offense, if convicted, that included mandatory prison time.  He was stopped because police noticed his Ignition Interlock Device was continuing to go off while he was driving.  The police stopped his vehicle to investigate.  Because of the felony level OWI, the client’s legal limit was .02, making this case much more challenging.

Officers spoke to client and were made aware of the IID not functioning properly.  They also indicated that the client appeared nervous during their interactions with him. We filed a motion on the officers request to have the client participate in field sobriety test, which ultimately led to his arrest and prosecution.

After a lengthy motion hearing, even with the low standard based on the client’s .02 limit, the court found that there was not reasonable suspicion to have the client detained and all evidence related to the arrest was suppressed.

First Degree Child Sexual Assault Case Dismissed in Waupaca County

The client was accused of violently assaulting his daughter six years before the complaint was filed.  After exhaustive investigation, we won a key pretrial hearing to show the accuser had made multiple false accusations of abuse over a period of years.  Additionally, we presented expert testimony that the accuser's memory was irrevocably tainted by a combination of improper parental, law enforcement, and social worker interviews.  Finally, we presented a compelling theory that these allegations stemmed from a bitter custody dispute.  The State dismissed all five counts right before trial.

Felony Battery to Health Care Worker-Amended to ordinance violation-Dane County

This case involved a client who was ticketed for underage drinking.  When the police made contact with her, she was too impaired for them to let her leave, so they took her to the hospital.  At the hospital, she was accused of striking a nurse when medical workers were attempting to assist her.  The battery to a health care worker is a felony.  The client was charged with that felony offense.  

After reviewing the medical records, which indicated that the client was involuntarily injected with drugs to try and calm down, we had our defense.  Involuntary intoxication.  We pointed that information out to the prosecutor, who didn't want to try a case with that defense.  The charge was amended to a simple ticket.

OWI 1st-Head on collision-Richland County-Case-Amended to Reckless Driving

There was both good and bad in this case. Our client was involved in a head on collision with a semi.  The semi driver happened to have a camera in the dash which captured the client crossing the center line running into the semi.  The client's test result was a .078, right below the legal limit.  The prosecutor was planning on trying the case because of the video showing the client crashing the vehicle.  

This prosecutor and Attorney Chirafisi had done 2 trials previously.  The prosecutor made comments that she did not want to lose for a 3rd time.  She agreed to amend the charge to reckless driving.

OWI 3rd/PAC 3rd- Dane County-Case dismissed on motion

This client came to us after first hiring a different firm to handle the matter.  The client was not happy with the work of that firm and asked Corey Chirafisi for help.  In the first meeting Attorney Chirafisi spotted an issue missed by the previous lawyer and filed a motion challenging the admission of the test result.    At the motion hearing the state conceded Attorney Chirafisi was correct and agreed to dismiss all charges.

OWI 3rd/PAC 3rd .13-Columbia County-Case Dismissed

This matter involved a client who was pulled over for crossing a center line.  He consented to a blood test which showed an alcohol concentration of .13.  The client hired Attorney Chirafisi because he wanted to go to trial.

We had a defense to the case, the line the police say he crossed over was marked in a way that made it look as if there were 2 center lines.  The biggest issue was the .13.  The machine that was used was a machine that we had successfully dealt with in other cases.  In late 2022, Attorney Chirafisi beat a 9th offense at trial with that same machine.  We had all the documentation on its service record and were prepared to challenge it again.  Turns out, we didn't have to.

Just prior to the jury being brought in, the prosecution informed the Court that they did not have the person who actually drew the client's blood present to testify.  Attorney Chirafisi pointed out the statute requiring that person have certain qualifications in order to draw the blood.  The Court agreed with Attorney Chirafisi that without the person drawing the blood present, the test result would not be admitted at the trial.  Based on that information, the prosecution moved to dismiss the case with prejudice.  Complete and total victory for the client.

OWI 5th/PAC 5th, Failure to Install IID- Case dismissed during Jury selection

We have always believed that in a business like ours, results are what matter.  Lawyers can say whatever they want, the outcomes are normally what the clients care most about. This case was Corey Chirafisi's 13th acquittal or dismissal in his last 15 jury trials.  We believe those results are uncommon and are what separates us from other law firms.

This case involved a slide off in a snow storm.  The temperature was bitter cold and when the police arrived on scene, the client was no longer in the vehicle, a very good fact.  When police were able to make contact with him, the client had the odor of intoxicants on his person and the police were aware that he was subject to a .02 limit based on it being his 5th offense, as well as him being subject to an IID restriction in order to operate a motor vehicle.

Attorney Chirafisi was able to get all statements made by the client suppressed in a pretrial motion.  That was incredibly helpful as the client also had an obstructing charge based on statements to law enforcement that he wasn't driving (the keys were found in his pocket). Because there was a question regarding when the client had operated the vehicle, the state had a problem with getting the test result admitted at the trial.  

During the questioning of the jury by the parties, the court was forced to declare a mistrial based on something that was said.  Normally, that would simply require a new trial date with a new jury.  However, the state informed the court that they were moving to dismiss the charges.

If the client would have been convicted, he would have been required to go to prison.  He not only avoided a prison sentence in this case, he beat his revocation which would have almost assured a prison sentence as well. The client walked away with no conviction and now has the  opportunity to continue getting his life back in order.

4 Counts 1st Degree Sexual Assault- Not Guilty All Counts- Kenosha County

This is the 12th Not Guilty in last 14 trials for Corey Chirafisi

Like many of our clients, this client initially had hired a different attorney.  Eventually, when it became clear the matter was going to proceed to trial, he hired Corey Chirafisi.

The matter involved an accusation with his 11 year old daughter.  Our client was looking at lifetime sex offender registration and over 250 years of imprisonment.  

The matter proceeded to trial with the daughter maintaining her allegations.  After 3 days of trial, the jury returned 4 not guilty verdicts in 55 minutes.  This was an extremely difficult situation, as many sexual assaults are.  While the client won, which is certainly the goal, the hope is the family can somehow find a way back and the client and his daughter can begin to heal.

We are extremely happy for the outcome for the client.

OWI/PAC .16- Amended to Reckless Driving

This case involved an Illinois client who, based on his residency, had issues with his license that would not be the case if he was an WI driver.  So, he did the right thing and called counsel to see if they could help.  We did.

The officer pulled the client over for traveling with a front headlamp out.  As usual, that contact led to the officer suspecting alcohol impairment.  The officer indicated the client had slurred speech and admitted to consuming alcohol.

The client was put through field sobriety tests and was ultimately arrested for Operating While Intoxicated.  His breath test was .16.

The hook that led to the amendment in this case was the clear violation of the required 20 minute observation period in this case.  The officer had testified at the Administrative Review hearing regarding the specific times he had completed each one of his tasks.  With that information, Corey Chirafisi was able to determine that it was impossible for him to complete the 20 minute observation period as required.  The prosecution offered the client an amendment to Reckless Driving.  This literally saved the client at least a year without being able to drive.  Again, in previous posts we have mentioned the value of administrative review hearings.  We mention that value again.  They can absolutely change the direction of a client's case for the better.

OWI/PAC Causing Injury .178 test result suppressed- Vernon County

This situation unfortunately involves a head on collision with injuries.  That is a situation that no one wants to be involved in and luckily, the injuries were not more serious.

The client was looking at his phone to speak to his wife when he crossed over the centerline and was involved in a head on collision.  Ultimately, the client was arrested for Operating While Intoxicated Causing Great Bodily Harm, which is a felony offense.  He submitted to a chemical test of his blood which returned a value of .178.

After reviewing the file, Corey Chirafisi found what turned out to be a problem for the state.  The officer told the client that he was under arrest for the felony level OWI.  At the motion hearing, the officer conceded that he did not have probable cause for the felony offense and only had probable cause for a misdemeanor.  That incorrect information impacted the client's decision whether or not to take the blood test and, in turn, led to the court suppressing the test results.  The case is still pending, however, the client is in a much better position with the test result being tossed.