OWI 2nd-THC and .09- Amended to Reckless Driving
Although courts are not operating as usual because of the COVID pandemic, Chirafisi & Verhoff are still getting outstanding results for clients.
Client was called in by a bartender who was leaving after close and noticed the vehicle running in the parking lot. The client was behind the wheel, sleeping. Bartender couldn't wake the client so she called the police. Officers watched the video showing the client entering the parking lot and parking truck, never getting out and going inside the bar. The worst fact of the case was it appeared that the client had urinated in his pants while sleeping in the truck.
There was an alleged refusal and a search warrant was issued for the client's blood. The first challenge to the case was the warrant. It was woefully lacking in probable cause. Corey Chirafisi challenged the warrant and to his surprise, the government conceded the warrant was invalid. They never raised the issue of the "good faith exception" so the court suppressed the test result.
That led to the government amending the case to reckless driving. Client avoid jail, AODA and license revocation.