Our client was involved in a traffic crash, striking a vehicle from behind, which resulted in a chain reaction. Authorities responded to the scene and smelled an odor of intoxicants coming from our client, who admitted to consuming alcohol before the crash. Due to injuries, the client could not fully perform field sobriety tests. He agreed to a preliminary breath test (PBT), which registered 0.13 percent. Authorities transported him to a local hospital, and he agreed to a blood test with a reported value of 0.31 percent. One of the other drivers also was transported to a local hospital, reporting a headache and general pain. He was later diagnosed with a concussion. The client immediately hired Chirafisi & Verhoff. He made it clear that he needed to avoid a felony charge and conviction at all costs, as a felony would have catastrophic consequences on his family. Even before the test results came back from the laboratory, Attorney Verhoff began negotiating the case with prosecutors. The other driver had suffered an injury that could form the basis to file a felony charge, but Attorney Verhoff argued that the delay in diagnosis meant he could attack it. In addition, Attorney Verhoff obtained maintenance records for the laboratory equipment used to test the client's blood. He learned that the laboratory was having two different mechanical problems with equipment in the days leading up to the client's test, and the equipment had to be taken off-line for repair days after the client's test. Attorney Verhoff argued, given the difference between the PBT and blood test results, the 0.31 blood test may have been faulty due to mechanical problems in the laboratory. In addition, given the timing of the client's last drink and his body weight, it was possible he was under a 0.08 percent at the time of operation. In the end, the prosecution agreed not to charge the client with a felony crime, but simply a misdemeanor OWI-2nd. The client ultimately entered a plea and was convicted of the charge, but considered it a huge victory under the circumstances.
Great Bodily Harm OWI Avoids Felony Conviction
This case is another example of why hiring an attorney as soon as possible in a case, even before a charged is issued, can be critical to the outcome. About one year ago, our client was involved in a terrible crash. The other driver was significantly injured, suffering a broken back, which has never completely healed. At the time of the crash, our client had a reported alcohol concentration that was in excess of 0.21 percent. Only days after the incident, the client hired Chirafisi & Verhoff, based on a recommendation from another lawyer in Madison. Attorney Verhoff immediately contacted the prosecution and began negotiating the case. Through his efforts, the prosecution agreed to forego charging a felony; instead, filing a misdemeanor charge of OWI causing injury. The client later entered a plea and was convicted. Because Attorney Verhoff was not able to reach a negotiated settlement for sentence, the parties argued to the judge what they thought the appropriate sentence should be. Going into the hearing, Attorney Verhoff believed the prosecutor was likely to argue the significant injury and a high alcohol concentration merited a lengthy jail sentence. Attorney Verhoff knew he would have to counter these powerful, emotionally-charged arguments. Prior to sentencing, he prepared and filed an extensive memorandum that provided the judge information about the client, including records to document the client's extensive alcohol treatment after the crash, her voluntary use of a sobrietor while the case was pending, her participation in alcohol awareness programs, her volunteer efforts in her community, and many character references describing her qualities as a person. After reading our sentencing memorandum, the prosecutor indicated he still planned to ask for a lengthy sentence. However, he decided to recommend a sentence that was five months less than originally planned. The parties appeared at the sentencing hearing and the prosecution recommended six months in jail. Attorney Verhoff recommended half that amount. In the end, the judge agreed with Attorney Verhoff and sentenced the client to 90 days in jail. Although ultimately convicted of a criminal offense, the client avoided a felony on her record and received a sentence that was approximately nine months less than the prosecution originally demanded at the beginning of the case.
Client Avoids Felony Convictions In Two Different Counties
Our client had been working with a different lawyer when he came to Chirafisi & Verhoff. The lawyer suggested the client hire our firm given the severity of the situation. The client was charged with felony OWI-causing Injury as a third offense in Dane County. He had been in a t-bone accident and had a reported alcohol concentration of 0.21 percent at the time of the crash. The stakes were high, as a felony conviction would cost our client the job he held for more than 30 years. Our firm went to work, reviewing the reports and medical records. Our attorneys immediately saw the records showed the other driver was a 0.16 at the time of driving. In addition, the attorneys could not locate evidence of an injury that would satisfy the "causing injury" portion of the case. Once Attorney Verhoff pointed this out to the district attorney, he was forced to amend the case from a felony charge to a misdemeanor. But things became even more complicated. Out on bail in the case, our client was stopped by a DNR warden while driving through a park in a different county. The client panicked drove away, allegedly at a high rate of speed. Law enforcement also suspected he had been drinking. Prosecutors in that county charged our client with a felony eluding charge one week before the client was set to resolve his case in Dane County. Attorney Verhoff had his work cut out for him. To best serve our client's legal interest, he needed to get the Sauk County case resolved before finishing the Dane County case. Not an easy task, as cases typically take months to resolve. And because the client would lose his job if convicted of a felony, Attorney Verhoff not only had to resolve the Sauk County case quickly, he had to get it resolved as a non-felony. Fortunately for the client, Attorney Verhoff was able to negotiate a resolution of the Sauk County case on misdemeanor grounds the day before the case in Dane County settled. When the parties showed up for court in Dane County, the prosecutor, who had learned about the Sauk County case, was grinning. He informed Attorney Verhoff, "Your client has a new felony case." Attorney Verhoff told him to "check again." He did and saw the case had been resolved the day before for misdemeanors. In disbelief, the prosecutor simply said, "How do you always get those kinds of result for your clients? Unbelievable!"