This matter is another example why it is better to hire an attorney before you are charged with a crime than wait until after charges are filed. The client, retired from the military and licensed to carry a concealed weapon, was out walking on a nature trail with his wife, who suffers from a variety of medical ailments. They came upon individuals who were walking unleashed dogs. The dogs rushed toward the client and his wife, not responding to the owners. Frightened for his safety and the welfare of his wife, the client yelled at the dogs to stop. But it was to no avail. He then removed his firearm from his holster in the event he would need to use it and pointed it at the ground. Fortunately, the owners were able to get the dogs under control before anything happened. Upon seeing a firearm, however, the dog owners notified law enforcement. Two deputy sheriffs contacted the client and took a statement from him, indicating they were going to refer the case to the District Attorney's Office for criminal prosecution. The client immediately contacted our office. Attorney Tim Verhoff was able to obtain a significant amount of information from the client regarding his background and the circumstances with the dogs. This was information that was not included in the police reports. Our attorney then contacted the District Attorney's Office to present the additional information to the prosecution and to present arguments as to why, if anything, the client was engaged in self-defense and the defense of others. Our lawyer argued that no criminal charges were necessary. After reviewing the information from our attorney, as well as the police reports, the prosecutor agreed and declined filing charges. He also thanked our attorney "for reaching out to our office preemptively on this matter." Needless to say, the client was relieved.
OWI 1st / Refusal - Iowa County - Amended to Reckless Driving
Refusals can be difficult. Some people believe that if they refuse to submit to a test that there case will be better because the prosecution may not have a test result to work with. That is what happened in this case.
Our client was stopped for speeding after a night out with her husband. The officer noticed an open bottle of champagne in the vehicle and described the client as having slurred speech and bloodshot eyes.
The client was asked to perform field sobriety tests and, according to the officer, she failed all three tests, refused to submit to a preliminary breath test and when taken to the department, she also refused an intoximeter.
The client looked around for a lawyer and ultimately made contact with Chirafisi & Verhoff. Upon reviewing the paperwork in the case, we found a problem with the Informing the Accused form which could have impacted a refusal hearing.
Attorney Corey Chirafisi waited with this information until the morning of the refusal hearing. As the hearing was starting, the prosecutor was made aware that the form he was going to use was outdated and was going to be a problem in proving the refusal. Before the refusal hearing began, the prosecutor agreed to amend the OWI to a reckless driving and to dismiss the refusal as well.
The client was given a small fine, no drivers license revocation and she was thrilled with the result.