We are strong believers in doing preliminary hearings, unless the state gives the client a reason to waive the hearing. In this case, Dane County has a "policy" of not making offers at prelims, that policy ran into our "policy" of not being a doormat for the government.

The state attempted to introduce the test result, something which would have clearly gotten bindover, however, Attorney Chirafisi objected as there was no information the test was taken within 3 hours of driving. Court would not allow the test result to be admitted.

The State attempted to establish driving but didn't know the law on what constituted "operation" under the drunk driving laws. Attorney Chirafisi successfully argued to the court that operation was never established and the court dismissed the felony OWI.

The other part of this case which will be important moving forward is, the client has 2 other pending OWI charges. This case would have subjected him to a presumptive prison sentence. Not anymore. Client was beyond happy with the result.