OWI in Commercial Vehicle with Minor Passenger - Not Guilty at Trial - 9th Win in Last 10 Trials

In the last 18 months, Corey Chirafisi has tried 10 cases. In 9 of those cases our clients have won. In a results orientated business, where success is the measuring stick, we are happy to put our results up against anyone.

Client was driving in his semi with his 7 year old son in the vehicle. A state trooper noticed that his vehicle had crossed the fog line multiple times and failed to turn off his hazards. The trooper stopped the vehicle, and noticed the odor of intoxicants coming from the client. Because the client was operating a commercial vehicle, his legal limit is a .04. The trooper also testified he noticed slurred speech and the client had difficulty keeping his eyes open.

After field sobriety tests and the pbt of a .07, the client was arrested for OWI in Commercial vehicle with a minor passenger and PAC.

The case proceeded to trial as the clients livelihood was on the line. The client breath test 2 hours after operation was a .04. The state had an expert to testify that at the time of operation the client's alcohol concentration was between a .07-.12. The jury was out one hour before finding the client not guilty. Job saved and client very grateful for a job well done.

Evidence Thrown Out, OWI with Minor Passenger Dismissed

Prosecutors were forced to dismiss a criminal charge filed against a Chirafisi & Verhoff client after the judge ruled much of the evidence in the case was obtained unlawfully. The client had been charged in Dane County Circuit Court with operating a motor vehicle with a minor passenger.  Law enforcement found the client in a parking lot, sleeping in his vehicle.  His child also was sleeping in the back seat.  At the conclusion of the investigation, the client submitted to a blood test, which showed a 0.03 percent alcohol concentration and the presence of a prescription medication. Prosecutors then filed criminal charges against the client. 

Attorney Chirafisi filed two legal motions challenging the admissibility of the evidence.  The first motion asserted that law enforcement did not have a sufficient basis to request the client submit to field sobriety tests.  The second motion asserted that  the client's "consent" to the test was not voluntary.  Attorney Verhoff then appeared at an evidentiary hearing on the motion.  He examined the witnesses and argued the motion. At the conclusion of the hearing, the judge granted the motion in favor of our client. With no evidence left to prove the case, the prosecution had little choice but to dismiss the case against him. 

Criminal OWI with Minor Passenger Dismissed

Our client, an Illinois resident, traveled to Wisconsin with family to visit some waterparks.  On the trip home, she was stopped for weaving on the highway.  The trooper asked the client she had consumed any alcohol, and our client admitted to having one drink earlier at the water park.  The trooper also reported that she looked “tired.”  The trooper asked our client to get out of the car to perform field sobriety tests.  She performed poorly and submitted to a preliminary breath test (PBT) with a reported result of 0.13.  Based on this information, the trooper arrested our client and asked her to submit to a blood test, which she refused to do.  Although it was her first time being arrested for OWI, usually a non-criminal citation in Wisconsin, our client was charged with a criminal offense because she had two children in the vehicle.  She also received a citation for refusing to submit to the blood test and for deviating from her lane.  Attorney Verhoff filed a suppression motion, arguing that the trooper did not have sufficient grounds to ask the client to submit to field sobriety tests.  Although the client admitted to drinking, she did not have other, typical signs of impairment such as slurred speech, a thick tongue, red and glassy eyes, a flushed face or problems responding to questions.  But a hearing on the motion was never held.  After discussing the facts and the motion with Attorney Verhoff, the prosecutor agreed to a unique settlement.  The prosecutor agreed that if Attorney Verhoff withdrew his motion, he would dismiss the criminal charge of OWI with a minor passenger and lane deviation.  In exchange, the prosecutor wanted the client to plead to the refusal, which carries no jail or fines as a penalty.  The client accepted this offer.  While she was found to have refused the test, she avoided a criminal conviction, significant fines and lengthy jail sentence.