Chirafisi Law Office

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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.