OWI/PAC .09 - Charges Amended (Dane County)

2 more OWI/PAC charges amended.

Case #2: This client was stopped for speeding 81 in 55. When police made contact with him he had bloodshot eyes, admitted to drinking and had an odor of intoxicants coming from his breath. The officer stated that the client failed field sobriety tests and a chemical test of his breath showed a result of .09.

Corey Chirafisi was able to raise a couple of issues which, like the last case, led to an amendment without having to go through a hearing. The client had made statements regarding a blood test and the officer ignored that request. Second, the officer told the client he was under arrest for an OWI 2nd offense when in fact it was his 1st offense. So Corey had 2 motions, one for failure to provide an alternative test to the client and one for misinforming him regarding what the offense was when the police requested the breath test.

The prosecutor, without a hearing, offered an amendment. Another great outcome for the client.

OWI/PAC .09 Amended to Reckless Driving

2 more OWI/PAC charges amended

The first case involved a client whose car was located in the ditch, running, with him sleeping behind the wheel. Client was contacted by police, had slurred speech, red, glassy eyes and smelled like alcohol.

Client was arrested for OWI and had a test result of .091. Client informed police that he had "alot to drink" the night before as the contact with him was at 5:30 a.m.

Corey Chirafisi reviewed the video of the incident and was able to file a motion which challenged the admissibility of the test result as there was a question as to the the time of operation. This has been happening more and more lately, the prosecutor didn't even want to have the motion hearing. She agreed to amend the charge to reckless driving. Happy client, case closed.

OWI 2nd/PAC - .11 Charge Amended During Trial

The client was facing a second offense OWI, that is not unusual in our practice. The issue for the client was he was a CDL holder and the conviction would have meant a lifetime revocation of his CDL. The state was unwilling to move off of the OWI charge, so we proceeded to trial. The client was driving his motorcycle with a friend when the friend crashed. The client was contacted by the police and was put through field sobriety tests and ultimately arrested. He provided a sample of his blood which was a .112.

After the state called the officer to testify and before the analyst was called, Attorney Chirafisi raised the issue that the state had failed to establish a specific time of operation. Without that information, the blood sample result was in jeopardy. The state didn't even raise an argument. They immediately offered the client a reckless driving ticket. The amendment saved the client from jail time but more importantly, allowed him to continue to work. Client gladly accepted the amendment.

OWI 4th - amended to OWI 1st Offense - Clark County

We have mentioned the value of collaterally attacking a prior conviction. We make an effort to do that whenever we can. In this case, the client was charged with a felony level OWI. THe case wasn't particularly strong on the facts, however, the client had 2 uncounseled prior convictions. We were able to locate the information on those prior charges and challenged the prior convictions in circuit court. After the hearing, the state conceded that they could not defend the prior convictions and agreed to amend the charge to a 1st offense.

Instead of a felony level convictions, client received a fine of $150 and was not convicted of any crime.

Criminal Domestic Case Amended, Dane County

The Dane County Sheriff's Department arrested our client for a domestic disturbance with his wife. The couple got into an argument while driving. Our client was accused of calling his wife names and punching the dashboard. Our client, who called 911, told police his wife hit him during the incident. The District Attorney's Office filed a criminal charge of domestic disorderly conduct against him. Although we thought our client had a very good trial case, he was worried about trial risks and the possibility of collateral consequences if convicted of a criminal offense. Attorney Tim Verhoff negotiated an outcome that helped the client meet his goals of avoiding a criminal conviction and any collateral consequences without risk. Under the terms of a settlement agreement, the prosecutor amended the criminal charge to a non-criminal ordinance violation, which is the legal equivalent of a traffic citation and the client agreed to pay a modest forfeiture. When our attorney let the client know of the outcome, he told our lawyer it exceeded his original expectations for the case.

OWI/PAC at 0.09 Amended to Reckless Driving

A Middleton police officer stopped our client shortly after 1:00 a.m. after he rapidly accelerated from a stop light, causing the tires to squeal. Upon contact, the officer noticed a strong odor of alcohol coming from our client, as well as red and glossy eyes. The client admitted that he had been consuming alcohol at a nearby bar.

After conducting field sobriety tests on the client, the officer placed him under arrest and took him for a breath test. The reported value was a 0.09 alcohol concentration.

During pretrial negotiations, Attorney Tim Verhoff raised questions about the basis for the traffic stop. He also was able to produce an alcohol curve to the prosecutor to demonstrate the client's alcohol concentration was likely less than 0.08 at the time of driving. After speaking with our lawyer, the prosecutor agreed to dismiss the PAC citation and amend the OWI to a reckless driving citation. Given the problems our lawyer pointed out with the case, the judge approved the amendment and imposed a modest fine on the reduced charge for reckless driving.

OWI-4th Amended from Felony to Misdemeanor

Normally, we only post results once a case is completed. However, we had some results in cases this week that we feel compelled to share. While some of the cases are not concluded, we will make sure to let you know how they turn out.

Tuesday - We had a hearing waiting for a decision from the judge to determine whether or not to grant the client's motion for a collateral attack on one of her prior convictions. It was an extremely important motion as the client was charged with an OWI 4th offense. If successful, the charge would not only be amended from a felony to a misdemeanor, it will also change the client's legal alcohol concentration from .02 to .08. That mattered in this case, as the client had a blood alcohol level of .07, which would have put her under the legal limit. The morning of the judge's decision the prosecutor called and admitted that they could not defend the collateral attack and amended the charge to a 3rd offense. Client is now not going to be a felon and goes into the trial, under the legal limit. Good day.

DA Amends, Then Dismisses Multiple Counts of Identity Theft

Our client, a young college student, found a credit card in his residence hall. Unfortunately, rather than simply returning the card to its owner, he used it on multiple dates to purchase food. The resulting criminal investigation led to authorities charging him with five felony counts of identity theft. He also faced disciplinary consequences from the university. Attorney Tim Verhoff met with the client several times to get a better idea of why he engaged in the conduct. When they met with authorities from the university, our attorney was able to present this information, and the client was able to continue his enrollment. In the court system, our attorney used the same approach. Although the prosecutor was reluctant at first, Attorney Verhoff was able to convince the DA to amend three of the felony charges to misdemeanor offenses and dismiss two of the felonies outright. On the remaining three misdemeanors, as amended, our lawyer reached an agreement with the District Attorney's Office to resolve the case by having the client participate in a deferred prosecution program with a dismissal of all the charges upon completion. Needless to say, the client and his family were thrilled with the outcome.

OWI Amended to Reckless Driving

An employee from a local fast-food restaurant contacted the EMS and the Sun Prairie Police Department after locating her and a passenger asleep in the drive-through lane with the engine running.  The client admitted to authorities that she consumed alcohol earlier in the evening and agreed to take a breath test, which produced a 0.08 test result.  She was arrested and charged with OWI and PAC violations.  Through negotiations with the prosecution, Attorney Verhoff was able to obtain a highly favorable outcome short of a trial.  The prosecutor agreed to dismiss the PAC charge outright and amended the OWI to a reckless driving citation.  The client, who was ecstatic with the end result, avoided the OWI/PAC conviction, a hefty fine, and a lengthy license revocation.

Going Armed While Intoxicated and Possession of THC

Client was arrested as a passenger in a vehicle which was stopped for speeding.  The police did an OWI investigation of the driver and when they located evidence in plain view (THC) they searched the vehicle.  The defendant was alleged to have been impaired and was carrying a firearm on her person.  The police also found a small amount of THC on her person as well.

The way we were able to get the evidence suppressed dealt with the unlawful blood draw of the client.  The client did not initially consent to the blood draw, that was until the officer told her that he would take her to the station and get one without her permission.  The client then consented to the draw.  The problem was, the officer threatened her, thereby making her consent involuntary.  We filed the motion on the unlawful draw and the prosecution conceded the motion and dismissed the criminal charge without a hearing.  The prosecution then amended the THC charge to an ordinance violation.  Avoiding the criminal conviction made the client extremely happy.

OWI/PAC 4th offense- amended to Obstructing for a Fine

This case had enormous possible consequences for the client.  A 4th offense is not only a felony, this case would have required the client lose his driver's license for a minimum of 10 years.  

He was stopped for not wearing his seatbelt and having snow covering his license plate, making it unreadable. 

Because it was a 4th offense, the client's prohibited alcohol concentration was a .02.

The officer believed the client failed field sobriety tests and placed him under arrest.  The client's blood was drawn and he was over the legal limit at a .03.

After back and forth negotiating with the prosecutor, an agreement was reached where the client would enter a plea to a misdemeanor and pay a $200.00 fine.  No jail, no felony and no loss of driver's license.

OWI 2nd offense-PAC- amended to Reckless Driving

A 911 call was placed by a bartender to the police for a "passed out" man in his vehicle in the parking lot of the bar.  The vehicle was running and the bartender could not wake the man.  Police arrived and the OWI investigation started.  The bad facts; the client had urinated in his pants (which the cops were able to see), the vehicle was running and the client was unable to successfully complete field sobriety tests.  

His test result was over the legal limit at a .09.  

After reviewing the case, we were able to challenge the blood test.  The state conceded our motion on the blood and the court suppressed the test result.

The case was still not over as the state had good evidence of impairment.  The case was resolved for a reckless driving ticket with a fine.  No jail time, no criminal conviction.  Client was very happy.

OWI Reduced to Reckless Driving

A Madison police officer stopped our client for speeding late one evening.  Upon contact with the client, the officer suspected he was impaired because the client handed the officer a credit card, rather than his driver's license.  The officer also smelled an odor of intoxicants, and the client admitted to consuming alcohol.  The officer put our client through field sobriety tests.  Although the client performed well, the officer had enough evidence to arrest him for OWI.  The prosecution initially offered the client a settlement agreement  to dismiss the speeding citation if the client entered a guilty plea to the OWI charge.  Attorney Tim Verhoff reviewed the reports and the video evidence.  He met with the prosecution, and pointed out all of the problems he believed the city attorney would have in proving the OWI case.  Prior to trial, the prosecutor made a new offer.  This time, the city attorney agreed to dismiss the speeding ticket and reduce the OWI to a charge of reckless driving, provided the client agreed to a 30-day license suspension.  Wanting to avoid a possible OWI conviction, the client gladly accepted the offer.

OWI 4th/PAC- Felony Charge Amended

Although courts are not operating as usual because of the COVID pandemic, Chirafisi & Verhoff are still getting outstanding results for clients. 

The client was over the legal limit for him, which is a .02, but under the legal limit of .08.  After back and forth with the DA on the case, the prosecution agreed to amend the charge to misdemeanor Negligent Operation Off Roadway.  The big get for the client in this case was he saved his license for life.  A conviction on the OWI would have led to a lifetime revocation with the possibility of an occupational after 10 years, that is no longer a concern.  No felony conviction, no jail time and no loss of license.

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.

Criminal OWI-2nd, RSC-2nd Amended to Civil Citation

In this Dane County case, our client was charged with OWI-2nd Offense and Operating with a Restricted Controlled Substance-2nd Offense after the Madison Police Department arrested him following a traffic accident.  Police were called to the report of a driver stuck in a snowbank.  Upon arrival, officers located the client and smelled the odor of marijuana, though the client denied smoking.  He agreed to submit to standardized field sobriety tests, after which authorities arrested him and transported him to the hospital for a blood draw.  The blood test results showed the presence of delta-9 THC in the client's system.  Although the narrative police reports stated the client agreed to take a blood test, Attorney Tim Verhoff watched the video evidence, which revealed the client had actually agreed to a urine test, not a blood test.  Our attorney then filed a motion to exclude the test results, arguing the test results were unlawfully obtained because the client never actually consented to a blood draw.  Attorney Verhoff also told the prosecutor that even if the judge allowed the evidence, the District Attorney would have difficulty proving the client smoked marijuana before driving, rather than smoking it after he got stuck in the snowbank and while he was waiting for a friend to come assist him.  The judge scheduled a hearing on our motion.  Prior to the hearing, the prosecutor agreed that he had trouble with the case and offered to resolve the matter by amending the OWI to a non-criminal traffic ticket for reckless driving and dismissing the RCS charge.  

Criminal Threat Charge Amended to Civil Ticket, Rock County

Prosecutors in Rock County charged our client with  criminal disorderly conduct after he made comments about shooting someone while he was in his workplace.  The client admitted his statements reflected poor judgment, but he claimed he never actually intended to engage in any violent acts and the comments were taken out of context.  During lengthy negotiations with the prosecution, our attorney was able to explain our client's side of the story. Our lawyer argued that the client was remorseful about conduct, and he suffered a punitive sanction in the form of termination from his job.  The prosecutor agreed without our argument and amended the case from a criminal charge to a non-criminal violation of the county ordinances (essentially the legal equivalent of a parking citation).  The client, who is in his mid-60s and had never been in legal trouble in his life, was thrilled to avoid a criminal conviction.  

OWI/PAC .11/Inattentive Driving - Amended to Reckless Driving

Client was involved in an accident in the City of Madison at about 1:00 a.m.  Other party involved in the accident called the police stating our client, "asked him to hold his weed and bong.” When the police arrived, client admitted that he wanted the other party to hold his drugs for him. 

Client told police that he "took a nap" and that was the reason for the accident.  Breath test taken at station showed a breath test result of .11.  

Client was desperate to attempt to avoid the OWI conviction so, we got to work.  Client had one issue in the case, there was a question of whether or not an alternative test was requested.  If it was and law enforcement failed to comply, the test result would be excluded from evidence.

The day before the trial was scheduled, the prosecution moved to amend the charge to reckless driving.  No OWI, no revocation of license and no stigma.  Client was thrilled.

OWI/Restricted Controlled Substance - Charges Amended

This case was challenging because it involved the client having Delta-9 THC in his blood.  The fact is, if Delta 9 is found in a person's blood, that person is guilty of Operating With a Restricted Controlled Substance, whether the state can prove impairment or not.  In this case, the client drove his car into a house, rupturing the gas line.  So, the driving was certainly considered poor.

We challenged the case on whether or not there was reasonable suspicion to conduct field sobriety tests.  We started with the Administrative Review Hearing where we were able to get the officer to admit that he didn't have any reason to believe the client was impaired by drugs or alcohol.

We then took that information and filed a motion in court to throw all the evidence out based on lack of reasonable suspicion.  Prior to the hearing being conducted, the prosecution offered to amend the charge to Reckless Driving.  A huge win for the client.

Drug Case Amended, Juneau County

Our client was arrested and charged with possessing marijuana after a traffic stop in Juneau County.  Originally, the client tried to represent himself in the matter.  The prosecutor gave him two options, plead to the criminal charge or have a trial.  The client then hired Attorney Tim Verhoff.  Our attorney reviewed the police reports in the case and recognized that the deputy engaged in some questionable conduct.  Attorney Verhoff filed a motion to challenge the deputy's contact and detention of our client.  The judge scheduled a hearing on our motion.  Minutes before the evidentiary hearing was set to begin, the District Attorney changed his tune.  He made an offer to amend the case to a non-criminal violation of the county ordinances if our client agreed to withdraw the motion.  The client, who agreed, was thrilled with the result, as he avoided a criminal conviction in the matter.