OWI/PAC .17 Amended to Reckless Driving

This case comes out of a stop in Columbia County. Our client was pulled over by the State Patrol for illegal tinting of their windows and no front license plate.  The trooper smelled the odor of intoxicants and the client admitted to having consumed a couple of drinks earlier in the evening.  

Our client was put through field sobriety tests and was arrested for an OWI.  This is the point where the case turned, the client had a prior OWI conviction which was more than 10 years ago.  That would make this OWI charge another first offense; however, the trooper misread the teletype and repeatedly informed the client that this was a 2nd offense and a blood test was required. 

Attorney Corey Chirafisi filed a motion challenging the defendant's consent to the test because the client was misinformed regarding what he was being charged with (2nd offense vs. 1st offense).  The parties had a lengthy consented hearing with multiple sets of briefs filed.  Prior to the Court deciding the issue, the government offered to amend the charge from an OWI to Reckless Driving.  It was the outcome the client was hoping for all along.  The OWI conviction would have triggered the IID requirement based on it being the client's 2nd offense (in lifetime) and the test result was above the 0.15 threshold.  Very happy client.

4 More Outstanding Results Include No Prosecution on Negligent Homicide Charge

In the past 10 days or so, Chirafisi & Verhoff has had four more outstanding outcomes for our clients!

Case #1- Pre-charge Negligent Homicide

This case involved a motor vehicle accident resulting in the death of the client’s passenger.  Initially when the client’s family called us, there was an allegation that the client had failed to stop at a stop sign, resulting in the vehicle striking a semi which ultimately led to the death of the passenger.  We were informed that there were multiple witnesses who observed the accident.

At that point the client had not been charged, so it gave us an opportunity to get to work on some areas of the defense.  The first thing we did was hire an accident reconstructionist.  The expert was able to get out to the scene shortly after the accident and get measurements before the government was able to complete their reconstruction.  

We notified the State that we had been retained and that an expert was on board.  Ultimately after more than 8 months of investigation in the case, the State had the detective assigned to the case inform us that no criminal charges were being brought against the client.  While the case involved a tragedy when the passenger lost his life, we were able to help avoid the client from having to face serious felony charges stemming from the accident.

Case #2-  OWI 1st/Refusal- Complete Dismissal of all Charges

Client was on vacation at a campground when he was arrested for OWI 1st.  What made matters much more difficult was he was an Illinois licensed driver.  The penalties for Illinois drivers arrested for OWI in Wisconsin is very severe in Illinois.  Clients can lose their driving privileges in Illinois for years, even on 1st offenses.

The client was also alleged to have refused to submit to an evidentiary chemical test of his blood when requested by the police.  Believe it or not, the case involved the client driving a gas powered golf cart on a public roadway.  He was involved in an accident which severely injured him and he had no memory of what occurred.  The prosecutor wasn’t moving on the case, initially recommending the OWI charge along with the IID requirement.  

We began by watching a video from a bar parking lot where the accident occurred.  We slowed down the video literally second by second.  What we discovered was for a split second on the video, headlights from a vehicle were on the golf cart and we could see that another person was actually the driver of the golf cart.  Once the accident occurred, that person fled the scene and because our client suffered a head injury, he had no recollection as to who was driving.

We then showed the prosecutor the video from the bar and he dismissed all charges against the client.

Case #3- OWI/PAC 1st- Dane County- amended to inattentive driving

This client, like many we have, needed a valid license to continue working a brand new dream job he had just landed.  A conviction would have resulted in immediate termination from his company.  

A gas station worker witnessed our client pull into the parking lot with a flat tire and riding on his rims.  The client was alleged to have parked his car, opened the door and threw up, then tried to go to sleep in the parking lot.  The police arrived shortly after our client got there, and our client was put through field sobriety tests after the police noticed his blood shot eyes, slurred speech and his clothes having vomit on them.

The client tested a .088 on the breath test after being arrested.  Further, the client informed the police that he had not consumed alcohol for 6 plus hours as it was approximately 5:30 a.m. when the police made contact with him.

Ultimately after back and forth negotiations with the prosecutor, the government offered to resolve the case for an inattentive driving ticket.  It saved the client's career.

Case #4- Two Counts of Second Degree Sexual Assault turned into One count of Child Abuse to Deferred Prosecution with Alford Plea

This case took two years to resolve.  It started as 2 counts of sexual assault.  Client had used our services in the past and when these charges were filed he came to us again for assistance.

The turning point in the case was when we were able to convince the judge that the time alleged in the complaint (approximately 3 weeks) was too long.  The prosecution was required to go back to the mother of the complainant and she had to narrow down the time frame.  That changed the entire case.  She narrowed it down to 3 days.  When we were provided with that information, we were able to get the client's work records which showed it was likely that he was working at the time of the allegation.  

Once we provided that information to the DA, the case basically fell apart.  If the client does not get in any trouble for the next 12 months, the entire case will be dismissed.  Outcome totally changed our client's life. 

Client Avoids Criminal Charge, IID at a 0.17 Alcohol Concentration

Police arrested a Chirafisi & Verhoff client on criminal charges of hit-and-run and OWI after a traffic accident just outside the Madison area.  Police did not locate our client at the scene, but found him later at an area business.  He was arrested and submitted to a breath test with a reported value of 0.17 percent.  Attorney Verhoff contacted both the District Attorney's Office and the municipal prosecutor before charges were filed.  Our client was an older gentleman with no criminal record.  Attorney Verhoff was able to strike a bargain with the prosecution in which the District Attorney's Office agreed not to file criminal charges if the client agreed to be convicted of the OWI and compensate for damage to the other vehicle.  Our client agreed to do so.  Although the client was convicted of an OWI in municipal court, Attorney Verhoff also was able to convince the municipal prosecutor that the ignition interlock device (IID) requirement was not necessary.  While the client's test result was in excess of 0.15 percent, it was taken outside the three-hour time frame required for the prosecution to secure a legal presumption of admissibility and applicability.  When Attorney Verhoff raised this evidentiary problem with the municipal prosecutor, he simply conceded the IID issue.