OWI/Restricted Controlled Substance - Charges Amended

This case was challenging because it involved the client having Delta-9 THC in his blood.  The fact is, if Delta 9 is found in a person's blood, that person is guilty of Operating With a Restricted Controlled Substance, whether the state can prove impairment or not.  In this case, the client drove his car into a house, rupturing the gas line.  So, the driving was certainly considered poor.

We challenged the case on whether or not there was reasonable suspicion to conduct field sobriety tests.  We started with the Administrative Review Hearing where we were able to get the officer to admit that he didn't have any reason to believe the client was impaired by drugs or alcohol.

We then took that information and filed a motion in court to throw all the evidence out based on lack of reasonable suspicion.  Prior to the hearing being conducted, the prosecution offered to amend the charge to Reckless Driving.  A huge win for the client.

Dane County Boating OWI, PAC at 0.21 Amended

In this case, our client's neighbor, a longtime member of area law enforcement, recommended he hire Attorney Tim Verhoff to assist him. The client originally was not planning on contesting his case due to his high test level, but decided to do so after he learned a conviction for boating OWI could pose problems for his travels to Canada. Attorney Verhoff reviewed the police reports and saw that law enforcement contacted the client after he had docked his boat. Although the client admitted to authorities that he had consumed alcohol and operated a boat, they failed to determine exactly when he had been out on the lake. Prior to trial, Attorney Verhoff met with the prosecution. He explained that they could likely show the client was impaired when law enforcement contacted him; however, proving the client was impaired when he operated the boat was a different story. Recognizing this problem, the prosecution agreed to dismiss the PAC outright and amend the OWI to a non-alcohol related boating offense for a minimal forfeiture.

OWI-Restricted Controlled Substance, Amended to Reckless Driving (Dane County)

This case involved a client initially stopped for speeding.  That speeding stop then turned into much more.  THC was found on her person and in the vehicle.  The client also admitted to smoking THC approximately 1 hour prior to the stop and her blood did contain Delta-9, the active ingredient in THC.  Our approach initially involved filing motions challenging probable cause for the arrest for OWI, based upon the client passing all of the field sobriety tests.  The real problem was the fact that the client admitted to recently smoking THC and the fact it was present in her blood.We litigated the case in municipal court, winning the restricted controlled substance charge, which was huge for the case.  We lost the OWI, but knew that on appeal, the prosecution would never be able to prove that charge. As the matter got closer to trial, the prosecutor offered to dismiss all the other tickets still remaining and amend the OWI to a charge of reckless driving.  The client was shocked a little, but realized how great of the result this was for her.

OWI 1st- accident .22- charge amended to reckless driving

Our client was involved in an accident on the interstate with a semi trailer. The trooper who arrived on the scene believed that, based on the odor of intoxicants, accident and bloodshot eyes, the client was intoxicated. Our client retained our firm because Chirafisi & Verhoff had previously represented her boyfriend.  (His OWI charge was also amended due to our firm’s work on his case.)

We filed two motions in this case: first, a motion challenging the basis for conducting field sobriety tests.  The second motion involved the distance in which the client was moved to conduct field sobriety tests.

On the morning of the motion hearing, the state voiced concern about whether or not they would be successful in defending the motions.  The state offered our client a reckless driving charge to resolve the case. The client was thrilled with the result!

Felony Drug Possession- all evidence suppressed

Client was charged with OWI and felony drug possession. Client was involved in an accident which ultimately lead to police locating fentanyl in the client’s purse. The client was referred to Chirafisi & Verhoff from an outstanding lawyer in Milwaukee and we got started. The government wanted the client to plead to the felony drug charge, as fentanyl is an opioid, and they believed a conviction was appropriate. 

The video in the case actually was the big game changer here. The video showed the client was arrested and her purse was removed from her body and not searched for almost 20 minutes after she was put in the back of the squad car. That information was never mentioned in the police reports. 

We argued the search was unlawful without a warrant. After a lengthy hearing, the Court agreed, and suppressed the drugs found in the client's purse.

Unlawful Driving Case Dismissed

Our client was stopped in Madison while driving one morning and was arrested because his license was revoked.  He faced a conviction, fines, and up to a year in jail.  The client had been convicted of a third-offense OWI almost approximately 18 months earlier.  As a result of that conviction, the Department of Transportation revoked his driving privileges.  Unfortunately the client, who was not originally represented by Chirafisi & Verhoff in the OWI case, did not know he could obtain an occupational permit that would allow him to drive lawfully on a limited basis.  When the client met with our attorneys, we immediately recognized that he was eligible for an occupational permit and advised him to obtain one as soon as possible.  As for the criminal charge of operating after revocation, prosecutors initially sought a conviction in the case.  But when our attorneys explained that the client was stopped on his way to work at 8:30 in the morning, was eligible for an occupational permit at the time but didn't know, and presented the prosecution with the client’s newly-obtained occupational permit, the District Attorney simply agreed to dismiss the charge against him, much to our client’s delight.

OWI 1st with a 0.098 test result amended to Reckless Driving- Dane County

People charged with 1st offense OWI cases usually have very little to lose by putting the government to their burden of proof and trying their cases.  That was the case here.  Our client was stopped for speeding, and the officer stated that she had obvious signs of intoxication: slurred speech, an odor of intoxicants and bloodshot eyes.  She was put through field sobriety tests and ultimately arrested for OWI.  She provided a breath sample which registered a .098g/210L.

The defendant was referred to Chirafisi & Verhoff and she was told that she had a defendable case as there wasn't a reason not to fight the case if she was up for it.  She was and we began working to fight the case.

On the morning the case was set for trial, Attorney Corey Chirafisi showed up ready to go.  It was at that point that the prosecutor made an offer to resolve the case:  If the client plead to a Reckless Driving ticket, all alcohol related violations would be dismissed.  The client got what she wanted--no drunk driving on her record.  She had to pay a small fine and was thrilled with the outcome.

OWI Amended to Reckless Driving

Attorney Tim Verhoff was able to secure an amendment from an OWI-1st offense to a citation for reckless driving in Madison Municipal Court.  In addition, Attorney Verhoff was able to convince the prosecution to dismiss a companion citation for imprudent speed.  Our client hired Chirafisi & Verhoff after he was involved in a traffic accident that led to his arrest for OWI-1st.  Our client admitted to having consumed wine and a couple of beers earlier in the day.  He performed poorly on the field-sobriety tests and exhibited some of the tell-tale signs of impairment including glassy eyes and slow speech.  He submitted to a breath test which produced samples at 0.08 and 0.79.  Attorney Verhoff was able to convince the prosecution that poor weather conditions contributed to the accident and explained that the performance on the field sobriety tests was due, in part, to several knee and leg surgeries.  Attorney Verhoff obtained the client’s medical records to document this fact.  Based on this information, the prosecution agreed to amend the citation from OWI to a reckless driving, rather than go to trial.  This saved the client an OWI conviction, several hundreds of dollars in fines and a lengthy driver’s license revocation.