OWI-2nd at 0.14 Dismissed, Sauk County
In this case, our client hired Chirafisi & Verhoff upon a recommendation from another local lawyer. The client, an out-of-state resident and over-the-road salesman, was in Wisconsin on business. On his way home from diner at a restaurant, police stopped him and ultimately arrested him for OWI-2nd Offense and PAC-2nd Offense with a reported alcohol concentration of 0.14. The client was clear from the start. Any OWI-related conviction would result in the loss of his license and the loss of his career. Attorney Verhoff began the case by conducting the administrative review hearing. This proved to be instrumental in the ultimate outcome, as the police officer gave answers to questions that did not align with the video evidence later received. Armed with this information, Attorney Verhoff filed a motion to suppress evidence in the case. On the day of the scheduled hearing, the prosecutor told Attorney Verhoff that he thought the prosecution would prevail at the suppression hearing. However, the prosecutor was more concerned about what Attorney Verhoff would do to the officer in cross examination at trial. Given his concerns, the prosecutor made an unusual offer in this time of case. He agreed that if the client withdrew the suppression motion and settled the case short of trial, he would dismiss the OWI and the PAC charges. Instead of those charges, the prosecutor agreed to have the client plead to an obstructing charge. In so doing, the client avoided any licensing implications and saved his job. Needless to say, the client was thrilled with the outcome.