Refusal Hearing (Dodge County) Refusal Dismissed

Each county handles their cases differently. In Dodge County, they hold refusal hearings before the first appearance and sometimes before the person's test result has been returned. That makes zero sense if a case might resolve, however, that's Dodge County.

So, in this case we informed the prosecution that the test result was not known yet and the initial appearance was scheduled for another 5 months. That didn't matter, the State wanted to move forward with the hearing.

The case wasn't particularly strong on the refusal. The allegation is the client used THC and was driving. Odor of THC in the vehicle and the client admitted to using THC approximately 1 hour before the stop.

The case looked like the client was going to lose, except the State, as they often do, stepped in it. They forgot what they needed to establish at a refusal hearing and neglected to put in the location of the stop or "venue". That is a requirement at any hearing. Corey Chirafisi raised that issue to the court and the Court agreed, dismissing the refusal.

The case is not over, however, it is a good start.

Drugged Driving, Domestic Violence and OWI/Posession paraphernalia cases all thrown out

DODGE COUNTY:  DRUGGED DRIVING CASE DISMISSED

Prosecutors originally charged our client with driving after smoking marijuana.  After reviewing the lab reports, our lawyers convinced the prosecution they could not win the case because the client had only metabolites of THC, but no delta-9 THC in his system.  Case dismissed prior to trial.

DOMESTIC VIOLENCE CASE DISMISSED

Our client was charged in Dane County with multiple felony and misdemeanor counts after breaking into his estranged wife’s home and allegedly assaulting her.  One the felony charges and all of the misdemeanor charges were dismissed outright.  The client entered into a deferred prosecution agreement on the remaining felony charge, which will be dismissed upon completion of the agreement.

CITY OF REEDSBURG – EVIDENCE SUPPRESSED, OWI CASE AND POSSESSION of DRUG PARAPHERNALIA THROWN OUT

Police stopped our client for failure to properly yield to a pedestrian in a cross walk.  As a result of the stop, our client was charged with OWI, PAC and possessing a pot pipe.  Police tested our client’s blood, which revealed an alcohol level of 0.187 percent.  Our lawyers filed a motion to suppress the evidence, arguing the officer lacked a basis to stop the client.  The judge agreed and threw out all of the evidence against our client, and the case was dismissed.