OWI/PAC .09 Amended to Reckless Driving

2 more OWI/PAC charges amended

The first case involved a client whose car was located in the ditch, running, with him sleeping behind the wheel. Client was contacted by police, had slurred speech, red, glassy eyes and smelled like alcohol.

Client was arrested for OWI and had a test result of .091. Client informed police that he had "alot to drink" the night before as the contact with him was at 5:30 a.m.

Corey Chirafisi reviewed the video of the incident and was able to file a motion which challenged the admissibility of the test result as there was a question as to the the time of operation. This has been happening more and more lately, the prosecutor didn't even want to have the motion hearing. She agreed to amend the charge to reckless driving. Happy client, case closed.

OWI 2nd/PAC - .11 Charge Amended During Trial

The client was facing a second offense OWI, that is not unusual in our practice. The issue for the client was he was a CDL holder and the conviction would have meant a lifetime revocation of his CDL. The state was unwilling to move off of the OWI charge, so we proceeded to trial. The client was driving his motorcycle with a friend when the friend crashed. The client was contacted by the police and was put through field sobriety tests and ultimately arrested. He provided a sample of his blood which was a .112.

After the state called the officer to testify and before the analyst was called, Attorney Chirafisi raised the issue that the state had failed to establish a specific time of operation. Without that information, the blood sample result was in jeopardy. The state didn't even raise an argument. They immediately offered the client a reckless driving ticket. The amendment saved the client from jail time but more importantly, allowed him to continue to work. Client gladly accepted the amendment.

OWI/PAC at 0.09 Amended to Reckless Driving

A Middleton police officer stopped our client shortly after 1:00 a.m. after he rapidly accelerated from a stop light, causing the tires to squeal. Upon contact, the officer noticed a strong odor of alcohol coming from our client, as well as red and glossy eyes. The client admitted that he had been consuming alcohol at a nearby bar.

After conducting field sobriety tests on the client, the officer placed him under arrest and took him for a breath test. The reported value was a 0.09 alcohol concentration.

During pretrial negotiations, Attorney Tim Verhoff raised questions about the basis for the traffic stop. He also was able to produce an alcohol curve to the prosecutor to demonstrate the client's alcohol concentration was likely less than 0.08 at the time of driving. After speaking with our lawyer, the prosecutor agreed to dismiss the PAC citation and amend the OWI to a reckless driving citation. Given the problems our lawyer pointed out with the case, the judge approved the amendment and imposed a modest fine on the reduced charge for reckless driving.

OWI Amended to Reckless Driving

An employee from a local fast-food restaurant contacted the EMS and the Sun Prairie Police Department after locating her and a passenger asleep in the drive-through lane with the engine running.  The client admitted to authorities that she consumed alcohol earlier in the evening and agreed to take a breath test, which produced a 0.08 test result.  She was arrested and charged with OWI and PAC violations.  Through negotiations with the prosecution, Attorney Verhoff was able to obtain a highly favorable outcome short of a trial.  The prosecutor agreed to dismiss the PAC charge outright and amended the OWI to a reckless driving citation.  The client, who was ecstatic with the end result, avoided the OWI/PAC conviction, a hefty fine, and a lengthy license revocation.

OWI 2nd offense-PAC- amended to Reckless Driving

A 911 call was placed by a bartender to the police for a "passed out" man in his vehicle in the parking lot of the bar.  The vehicle was running and the bartender could not wake the man.  Police arrived and the OWI investigation started.  The bad facts; the client had urinated in his pants (which the cops were able to see), the vehicle was running and the client was unable to successfully complete field sobriety tests.  

His test result was over the legal limit at a .09.  

After reviewing the case, we were able to challenge the blood test.  The state conceded our motion on the blood and the court suppressed the test result.

The case was still not over as the state had good evidence of impairment.  The case was resolved for a reckless driving ticket with a fine.  No jail time, no criminal conviction.  Client was very happy.

OWI 2nd-THC and .09- Amended to Reckless Driving

Although courts are not operating as usual because of the COVID pandemic, Chirafisi & Verhoff are still getting outstanding results for clients. 

Client was called in by a bartender who was leaving after close and noticed the vehicle running in the parking lot.  The client was behind the wheel, sleeping.  Bartender couldn't wake the client so she called the police.  Officers watched the video showing the client entering the parking lot and parking truck, never getting out and going inside the bar.  The worst fact of the case was it appeared that the client had urinated in his pants while sleeping in the truck.

There was an alleged refusal and a search warrant was issued for the client's blood.  The first challenge to the case was the warrant.  It was woefully lacking in probable cause.  Corey Chirafisi challenged the warrant and to his surprise, the government conceded the warrant was invalid.  They never raised the issue of the "good faith exception" so the court suppressed the test result.

That led to the government amending the case to reckless driving.  Client avoid jail, AODA and license revocation.

OWI/PAC .11/Inattentive Driving - Amended to Reckless Driving

Client was involved in an accident in the City of Madison at about 1:00 a.m.  Other party involved in the accident called the police stating our client, "asked him to hold his weed and bong.” When the police arrived, client admitted that he wanted the other party to hold his drugs for him. 

Client told police that he "took a nap" and that was the reason for the accident.  Breath test taken at station showed a breath test result of .11.  

Client was desperate to attempt to avoid the OWI conviction so, we got to work.  Client had one issue in the case, there was a question of whether or not an alternative test was requested.  If it was and law enforcement failed to comply, the test result would be excluded from evidence.

The day before the trial was scheduled, the prosecution moved to amend the charge to reckless driving.  No OWI, no revocation of license and no stigma.  Client was thrilled.

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.

NEW YEAR STARTS WITH OWI WIN

Our office marked the start of 2020 with another great win for a Chirafisi & Verhoff client.  The Brooklyn Police Department arrested our client and charged her with OWI and PAC violations.  Prior to trial, Attorney Tim Verhoff met with the prosecutor.  He pointed out multiple problems she would have at trial, as well as a possible suppression issue.  Despite a 0.10 blood result for the client, our lawyer was able to get the prosecutor to dismiss the OWI citation outright and amend the PAC charge to a citation for reckless driving.  

OWI 1st (PAC .15) - Amended to Reckless Driving

As the year comes to an end, 2 more outstanding results for clients. The first case involves a Dane County OWI/PAC charge with a breath test result of .15.  Client was stopped because the officer believed she was sleeping at a stop light.  As the officer turned around to make contact with the client, she moved her vehicle.  The officer stopped her, smelled the order of intoxicants and he was off and running.  

Officer reported that the client failed the three field sobriety tests offered to her and ultimately submitted to a breath test which registered a .15.  The prosecution certainly believed they had a strong case.  

However, the video of the incident showed a completely different story then told by the officer.  Although the video was lengthy, it contained information which ultimately lead to the amendment of the charge.  During the interaction, the client had a question about the alternative test, the officer then provided her incorrect information regarding that test.  Once that was discovered, it was the beginning of the end.  We filed a motion to suppress the test result based on the improper information provided to the client.  Before the motion hearing even began, the prosecutor offered to amend the ticket for costs, no fine was included.

Honestly, one of the happiest clients we can remember.

OWI/PAC (.11) amended to Reckless Driving

This case stems from a stop in Price County. The officer was following our client's vehicle and initially witnessed the vehicle make a "wide turn" which the officer deemed suspicious. The officer continued to follow the vehicle and observed the vehicle driving down the center of the road, clearly over where the center line would have been.

The officer stopped the vehicle and made contact with the client. The client admitted to consuming alcohol earlier in the evening.

Where the challenge was mounted in this case was on the officer's decision to have the client perform field sobriety tests.

The video in the case was the killer for the officer. On tape, the officer stated that "he doesn't believe the client was impaired" before having him perform field tests.

We did the motion hearing and at the conclusion the court had requested that the parties file briefs on the issue. The prosecutor then offered to amend the OWI to reckless driving. The client who was a local business person was thrilled. Avoiding the OWI charge was the goal from the beginning.

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/PAC .10 to Reckless (Dane County)

Case #2 - OWI/PAC .10 (Dane County)

This case came to us from another lawyer in town.  As normal practice, we did the Administrative Review hearing and got the information we needed for a motion to challenge the test result.  We have said over and over again that the administrative review hearing is a great way to learn information about your case.  That was true here.  We were able to challenge the stop of the vehicle as well as the basis to conduct field sobriety tests.  Once the prosecutor saw the motions, he made a decision to offer a reckless driving.  Client never lost her license and never had to explain to her employer about her case.

3 More Outstanding Results- 2 OWI charges amended to finish the year

Case #1- OWI/Refusal-Amended to Reckless Driving (Dane County) 

When people call us and tell us that their case is "hopeless", most of the time the facts of the case are not as bad as they say.  Except here.  In this case, most of the facts were against the client.  Poor driving, excessive speed, failed field sobriety tests and a refusal to submit to a breath test.  Worst of all, our client had a license from a state (IL) where he would be facing a lengthy revocation if he was convicted of the OWI.  The great news for the client was, Chirafisi & Verhoff has been extremely successful against this particular prosecutor in multiple cases in the past and there has been a hesitation to litigate issues against us.

We believe that most of the time, the refusal drives the OWI charge, meaning if there is a way around the refusal, the OWI will fall as well.

So, we went after the refusal first.  It wasn't that difficult when we started.  We questioned whether the information provided to the client on the Informing the Accused form was correct.  The prosecutor agreed that a problem existed and quickly agreed to amend the OWI to reckless driving and to dismiss the refusal.  The client's license was saved.  

Stay tuned for our two other awesome end of 2018 results on Monday!

All Around Victory: OWI Reduced to Reckless, DC and Refusal Dismissed

Law enforcement stopped our client for what is termed a "rolling domestic."  He and his girlfriend were having an argument in the car, and she called police.  Upon arrival, law enforcement pulled him over and asked him to step out of the car.  The police began questioning the client about what happened.  Officers also smelled an odor of intoxicants, and the client admitted to consuming alcohol at dinner.  Authorities then asked him to submit to field sobriety tests, but he refused.  He also refused to submit to a chemical analysis of his breath.

The client was arrested on a criminal charge of disorderly conduct, an OWI-first and the refusal to agree to a chemical analysis of his breath.  Attorney Verhoff spoke with prosecutors at the time of charging, and they agreed not to charge a criminal offense. Instead, the District Attorney issue an ordinance violation on the disorderly conduct.  As the case unfolded, our attorney was able to convince the prosecution to amend the OWI charge to a citation for reckless driving, dismiss the refusal, and dismiss the disorderly conduct citation.  In the end, the client paid a modest fine on the reckless driving, but avoid a conviction for an OWI and the refusal, as well as a criminal charge, and the accompanying license implications and associated fines.  

OWI 1st. .09 accident/hit and run- Dane County

Our client was driving at bar time on a busy street in downtown Madison. He was involved in an accident for sideswiping another vehicle and then leaving the scene.  When police made contact with him, he was not very cooperative and was charged with multiple offenses, including OWI/PAC and a criminal charge of Hit and Run.

Chirafisi & Verhoff got involved in the case and started with the Hit and Run charge.  We met with the prosecutor prior to the court appearance and were able to convince the prosecutor not to charge the Hit and Run.  

Next was the OWI charge.  The accident did pose a problem (as it usually does) and being over the legal limit compounded the accident.

As the matter closed in for trial, we found an issue with the manner that the breath test was conducted.  We decided to hold this issue back and not disclose it to the other side until we had an opportunity to cross examination the breath test operator.  It turns out that we never had the opportunity to do so because the prosecutor called us and agreed to amend the charge to reckless driving.  At the end of the day, the hit and run disappeared and so did the OWI.

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!

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.

On Day of Trial, OWI/PAC Amended to Reckless Driving

The Palmyra Police Department stopped our client for speeding.  Upon contact, the officer observed the defendant to have blood-shot and glassy eyes.  The officer also smelled the odor of intoxicants.  The officer had the client perform field sobriety tests.  At the conclusion, the officer arrested the client, who agreed to submit to a blood test.  The test result revealed an alcohol concentration of 0.09. 

Our office litigated the case for several months.  Our attorneys believed our client had a good defense at trial, but the prosecution repeatedly had extended the same offer.  The client could plead to the OWI for minimum penalties.  Our attorneys informed the client that even if convicted at trial, he would not be in a significantly worse position than if he simply accepted the offer.  On the morning of the trial, the prosecutor reached out to Attorney Verhoff, who told the prosecutor he was ready to go and would see him in court.  At that time, the prosecutor stated, "No, that's not going to happen."  Attorney Verhoff asked what the prosecutor meant, and the prosecutor indicated he would be willing to resolve the entire case short of a trial with an amendment to Reckless Driving and a dismissal of the speeding ticket.  It goes without saying that our client was ecstatic with the outcome and happy that he heeded our advice not to settle for the original offer. 

5 More Great Outcomes for Clients

OWI 1st/PAC- Waukesha County- Amended to Reckless Driving

            The first case involved a client that was called in for sleeping in his vehicle on the side of the road after a day at a golf outing.  The client pulled his vehicle off the side of the road and a passerby called the police to check on him.  Once the police showed up, the case was off and running.

            The difficulty initially was the location of the case.  Waukesha County has been notoriously hard on OWI cases.  This one started no differently.  The case started in municipal court.  While the client was not initially successful at the municipal level, the information obtained through cross examination of the officers ultimately lead to resolution of the case in circuit court.

            Attorney Corey Chirafisi was able to raise serious questions as to what time the client was driving his vehicle.  That driving time put the test result, which was .089, in real jeopardy.  Also, based on the officers testimony regarding the 20 minute observation period, it became clear that no observation period of the client was ever done.

            On the eve of trial, the prosecutor offered to resolve the case for a reckless driving ticket.  The client was more than happy to accept that amendment.  It was especially satisfying as the client was unsure whether or not he wanted to appeal the case to circuit court.  Having never been arrested before, he had real questions about how that outcome may have been different from municipal court.  We are very glad he was willing to trust us to help him get through this. 

OWI- Amended to Inattentive driving- Dane County

            The second case shows why hiring a lawyer can change a case very quickly.  The client was charged in Dane County with OWI as she was stopped for speeding.  The officer believed that she was intoxicated based on the time (almost 2 a.m.), the odor of intoxicants and the bloodshot, watery eyes the officer said he observed.  The client was thinking about just pleading guilty to the OWI for a minimum sentence seeing that her test result was right at the legal limit. 

            After speaking to Corey Chirafisi, the client made a decision to fight the case; that turned out to be a great decision.  Attorney Chirafisi had dealt with the prosecutor on multiple occasions in the past.  After a conversation about some of the weaknesses in the government’s case, the prosecutor offered a reckless driving.  That was rejected by the client.  We believed we could do better, we were right.  Finally, the prosecutor offered a 4 point reckless driving ticket and even dismissed the speeding charge.

            Making a call to our office turned out to be a wise decision for the client.

Felony OWI 4th –amended to misdemeanor

            Collaterally attacking prior convictions has become more difficult as time has passed.  While it allows prior cases in which the client did not have a lawyer to be voided for counting purposes, courts and prosecutors have become better at dealing with these potential issues.

            The client was arrested for a felony 4th OWI charge.  Obviously, avoiding a felony conviction and all that comes with that was a very big goal of the clients.  So, Attorney Corey Chirafisi reviewed the client’s prior OWI convictions and found that he did not have a lawyer on his 2nd offense.  Sounds great, but the problem was that he did have a lawyer on an earlier criminal case which made things far more interesting.

            Attorney Chirafisi and the client put all the necessary paperwork together and filed the motion challenging the prior conviction.  The government, as per usual, was not going to concede this issue.  A hearing was held.  The client testified, was cross examined and did a great job.  The court found that the government did not meet their burden and voided the prior 2nd offense conviction, turning this felony 4th into a misdemeanor. 

            The ramifications are enormous.  Gun rights, felony probation, possible prison time.  The client was extremely grateful for the work our firm did on his case.

Possible False Imprisonment Dane County-Declined Prosecution

            We have said this multiple times in this blog, getting a lawyer as early as possible can make a huge difference in how a case turns out.  We spend a fair amount of time dealing with clients who likely will be charged, but hire us before formal charges have been filed.  Some of the time, we can avoid any charges being filed.  That is hands down the best result.

            This case was incredibly challenging as it dealt with a possible felony false imprisonment with a stranger.  Stranger cases are far more difficult to maneuver as prosecutors worry about danger to the public and protection of the community when deciding how to charge these cases.  The client is a highly successful student with a very bright future.  He did what many college students do: went out, drank too much and found himself in the company of a female who he had met that evening. 

            The women ultimately called the police and reported that the client had held her down against her will.  The police spoke to the client before he had counsel and in fact arrested and booked him.  The clients family was referred Chirafisi and Verhoff and we started by informing the police that the client was no longer interested in cooperating with any investigation.  We then reached out to the DA’s office in an attempt to get “ahead” of the reports reaching their office.

            After a conversation with law enforcement, there was an agreement for up front counseling with no referral to the DA’s office at all.  Case done, client’s future secure.

1st Degree Sexual Assault of Child- Charges Declined

            This blog above mentions the benefits of getting a lawyer before a case is filed.  This is another perfect example of how that works to a client’s benefit.

            The client was referred to Chirafisi & Verhoff on a Saturday from a former client on a possible sexual assault investigation.  Making a call to our office on a Saturday was the first positive step.  The police work weekends, and so do we.  We got in touch with the client and made sure that no statements were provided to the police.  That was helpful, since later that day the detective attempted to make contact with the client to get a statement.

            Because the allegation involved a biological child, the county then got involved with social workers who also were doing an investigation and wanted to speak to the client.  We had to step in and prevent and type of statement whatsoever from being made by the client.  Don’t help the police, any statement will only do that. 

            We then spoke to some of the possible witnesses to the matter and let the DA’s office know that we had begun our investigation.  Ultimately, with no client statement to either law enforcement or social services, the DA was left to make a charging decision based on what information they had.  They made a decision to decline the prosecution of a charge that is the most serious in this state, short of 1st degree intentional homicide. Another great result for a really good guy.