Intoximeter

OWI 1st- PAC .150- Charges Amended to Reckless Driving

Our client had an all-or-nothing proposition in front of him: he was arrested for Operating While Intoxicated and he had a CDL which he used daily for his job.  A conviction would have resulted in him be fired from a job that he had for many years.

The case was a little odd in that the client wasn’t stopped by law enforcement.  The police were called because a person who knew the defendant said that he was likely impaired and had driven to a local gym.  When the police showed up they made contact with the client and ultimately arrested him for OWI.  When the client agreed to perform a breath test, that result came back at 0.15.

The client knew that his career was on the line and made a decision to hire Chirafisi & Verhoff in an effort to deal with the case.  Interestingly enough, after much discussion with the prosecutor discussing various motions, the prosecutor agreed that his case may be in trouble and he agreed to amend the charge to reckless driving.  That deal went away when shortly before the agreement was given to the Court, as the client was stopped on a different incident date and had open intoxicants in his vehicle.  The prosecutor was not very happy and pulled the deal.  The matter was set for trial.

On the morning of trial, Attorney Corey Chirafisi did something he rarely ever does: he told the prosecutor about a problem with the Intoximeter which the prosecutor would otherwise not have been aware of.  Attorney Chirafisi had obtained the data of all the tests performed by the machine which tested the client’s breath and found a problem with the maintenance of the machine.  After much review and conversation with the police, the prosecutor put the offer for a reckless driving back on the table.  That meant no suspension or revocation and no conviction of an alcohol related offense for the client.  He was able to keep his job and only received a fine.

OWI 1st / PAC .14 – Amended to Reckless Driving

Getting a first offense OWI in Wisconsin, especially if the case begins in municipal court, can provide the client great opportunities to fight the case.

Our client was charged in the Town of Beloit with OWI 1st and PAC after a police officer witnessed his vehicle travel almost completely into the wrong lane of traffic at about bar time. 

The officer was able to capture the driving behavior on videotape and based on the field sobriety tests and the breath test, the client was charged with OWI and PAC.  The client didn't believe that he was impaired at the time he was driving and he hired Chirafisi & Verhoff to attempt to deal with the situation.

Because the case was in municipal court, Attorney Chirafisi was able to conduct a trial in an effort to lay the groundwork for a trial at the circuit court level.  At the municipal trial the officer testified in a way that Attorney Chirafisi knew would make it very difficult for the government if they choose to move forward with the case.  The officer did the field sobriety tests completely incorrect, scored them incorrectly and did not know what clues he was looking for.

Further, the officer did not run the intoximeter machine properly and acknowledged that he did make mistakes in doing that test.  After the client was convicted in municipal court he appealed the matter to circuit court.

Once the case was brought into circuit court, the prosecutor called Attorney Chirafisi and was told that the officer was concerned about having to testify again at the trial based on all of his previous errors in municipal court.  Even though the test result was over the legal limit (by almost double) the prosecutor offered to amend the charge to Reckless Driving.  The client saved his license, had no record of an OWI conviction, and was able to continue on with this job.