The Maple Bluff Police Department stopped our client for a registration plate lamp being out in the early morning hours. The officer noticed an odor of intoxicants coming from the client and had him complete field sobriety tests. The client was arrested and agreed to submit to the a breath test, which showed an alcohol concentration of 0.10. As the case moved forward, the the prosecutor offered to settle the case for a dismissal of the lamp violation and a plea to the OWI for the statutory minimum penalties. With little to lose, the client listened to our advice and rejected the offer.
At the trial, Attorney Verhoff objected to the manner in which the prosecution attempted to introduce the test results on grounds of a lack of proper foundation. The judge sustained the objection and the test result was never received into evidence. At the conclusion of the trial, Attorney Verhoff argued that there could be no conviction on the PAC charge due to a lack of a test result received into evidence. While he acknowledged the client should be convicted of the lamp violation, he argued the government failed to prove the OWI. He honed in on the lack of any bad driving and the officer's answers to his questions regarding the client's performance on field sobriety test.
After the trial, but before the verdict was rendered, the arresting officer and the bailiff both complimented Attorney Verhoff on his performance. The arresting officer, who does OWI training for his department, even told Attorney Verhoff he would be using the cross examination and trial experience when he trains other officers in the future. While it was nice, if not unusual, to receive adulation from the officer who made the arrest, the verdict was even better: Not guilty on both the OWI and the PAC!
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.
Felony Charge Dismissed at Preliminary Hearing
All individuals charged with a felony offense in Wisconsin have a right to a preliminary hearing. The purpose of a preliminary hearing is for the prosecutor to call witnesses to establish probable cause that it is more likely than not the individual committed a felony offense. The rules of the preliminary hearing are geared entirely in favor of the prosecution. As such judges find probable cause in most cases. For various reasons, lawyers often advise their clients to waive the right to a preliminary hearing. In a recent Dane County case, however, Attorney Verhoff advised the client to have the preliminary hearing. The prosecutor called a deputy sheriff to testify, and Attorney Verhoff cross examined him. At the conclusion of the hearing, the judge dismissed the felony charge of bail jumping against our client after Attorney Verhoff successfully argued that the prosecution failed to establish probable cause that our client committed a felony. He argued that the prosecutor did not properly establish the client had been released on felony bail at the time he was alleged to have committed a new, misdemeanor offense. The judge agreed. An unusual, but fantastic outcome for our client.
Three Criminal Charges Dismissed, Dane County
Our client was arrested after a disturbance at a local bar. He was charged criminally with three separate offenses. The client was referred to our office by a different criminal defense attorney in the Madison area. Attorney Verhoff negotiated a settlement agreement with the prosecutor in the case. Our client agreed to do some community service and undergo an alcohol assessment. Upon proof of completion, the District Attorney's Office dismissed all charges against our client.
No Charges in Drug Case, Dane County
Yet another case proving why hiring a lawyer before charges are filed can be instrumental. In this case, law enforcement arrested our client after she overdosed on heroin. A charge alone, regardless of a conviction, would spell the end of the client's career. Attorney Verhoff worked with the client and law enforcement over a series of months in an attempt to convince the police not to file charges but to allow the client to seek treatment instead. Ultimately, police agreed to do so and did not refer the case up for charging. As we tell people, early involvement and intervention by a lawyer is often much more valuable than a win at trial after a charge is issued.
Felony DV Case Dropped, Dane County
Our client was arrested and charged with a felony for false imprisonment of his live-in girlfriend. The client originally hired a different attorney, but unsatisfied, turned to Chirafisi & Verhoff for help. Attorney Verhoff had the case scheduled for a preliminary hearing. Prior to the hearing, Attorney Verhoff obtained the police reports and met with the prosecutor. He pointed out various difficulties the prosecutor would have proving the case if it went to trial, including the fact that no physical force was used and that a neighbor contacted the police about a loud argument, not the complaining witness. Attorney Verhoff also argued the client was 32 years old with no record and a conviction, or even a plea to a criminal charge, could have a catastrophic impact on his life because he was in the process of applying for an extended student visa to complete his post-graduate studies at UW-Madison. In short, Attorney Verhoff argued that this case amounted to an argument, not a criminal offense. The prosecutor, recognizing the weakness in the case after listening to our attorney amended the case from a felony charge to a non-criminal, ordinance violation that carries the same legal weight as a parking ticket. Needless to say, the client was quite relieved. And the judge's clerk was a bit shocked at the outcome when told the case was being amended from a felony to a non-criminal forfeiture violation. "You don't usually see that happen at a preliminary hearing," she commented.
Felony Possession with Intent Charge Gets Dismissal
A routine traffic stop for speeding turned into a felony drug case for one of our Dane County clients. After the officer stopped our client, he observed a small amount of marijuana in an ashtray. The officer searched the vehicle and located approximately 1.5 lbs of marijuana in the car, as well as a significant amount of cash. The client was charged with possession of a controlled substance with the intent to deliver. Attorney Verhoff reviewed the case and recognized it would be particularly challenging because the police had executed the search by-the-book. As such, there was not a legal mechanism to challenge the evidence. Instead, Attorney Verhoff went into mitigation mode in an attempt to work out the best deal possible for the client. At first, the prosecutor and his immediate supervisor insisted that the client be convicted of the charge due to the significant weight of the seized drugs. Undeterred, Attorney Verhoff spent several months negotiating with the prosecution in an attempt to show why this particular client deserved a second chance. Ultimately, Attorney Verhoff was able to get the District Attorney's Office to agree to recommend a deferred prosecution, which means no formal conviction for our client and a dismissal of the charges. This was particularly important because a conviction would have presented problems for the client in obtaining federal student loans.
Client Avoids Felony Charges, Gets Expunction in Dane County
At Chirafisi & Verhoff, we often say some of the best work we can do for a client happens long before criminal charges are filed. This case is an excellent illustration of that motto. Our client, a young man with a bright future and no criminal record, was driving his friends when he got into a crash. By his own statements to police, he was traveling approximately 30 miles per hour over the speed limit and attempted to pass another vehicle in a no passing zone when the crash occurred. The client was significantly injured, as well as his two passengers. The family hired our firm before charges were ever issued. Attorney Verhoff immediately recognized that the injuries suffered by the client's passengers would make this a felony-level case. Through pre-charging negotiations, Attorney Verhoff brokered a deal by which the District Attorney's Office agreed to file only misdemeanor charges. But that was not all. Attorney Verhoff was also able to get the prosecutor to make an agreement to have client placed on a one-year period of probation with no jail time. But that was not all. The agreement also included a provision that the case would be expunged from the client's record upon successful completion of probation.
New Year, Three More Outstanding Results
Forgery/Uttering- Dismissed by Court at Preliminary Hearing (Dane County)
Some people say preliminary hearings are worthless, we don’t think that's the case. In this case, the client was charged with Party to a Crime of Uttering a forged document. Our client was 18 years old with a bright future and was understandably concerned about how this could impact her future.
After a review of the criminal complaint, Attorney Corey Chirafisi believed that there was no proof that the client was aware that the document she possessed was forged. So, we did what many lawyers don’t: we had the preliminary hearing.
At that hearing, Attorney Chirafisi was able to establish, through questioning of law enforcement, that there was no proof that the client was aware the document she was given was in fact forged. The Court even went so far as to say that if the Court would bind the matter over for trial, the Court would have to ignore the evidence presented in the case. The Court dismissed the case after arguments.
One main point here: preliminary hearings are not what they once were. Now that hearsay can be admissible, it has undoubtedly made it easier for the government to prove these hearings, but they are still worth having and this case proves that point.
Case #2- OWI 1st/PAC- .13 (Dane County)
Another great result for client charged with Operating While Intoxicated. Our client was extremely concerned about this ticket, he works as an EMT and has to drive ambulance from time to time, something he cannot do with a revoked driver’s license.
He called Chirafisi & Verhoff and told us about his situation and asked if we could help. We thought we could.
First, at the administrative review hearing, we were able to get some helpful information regarding the stop of the client’s car. It helped form the basis for the motion that we were able to file regarding whether the police had a basis to stop the client.
After almost two years, the prosecution agreed to amend the charge from an OWI to a reckless driving. They were willing to do this even with a test result that was well over the legal limit. All “wins” are great, but when it unquestionably changes the course of a client’s career, it is very rewarding. No OWI conviction, no revocation and client able to do what he loves.
Case #3- OWI 1st/PAC- .08 (Onieda County)
This client was referred from another attorney as the stakes were pretty high for the client. His job required that he always have a valid license and the OWI conviction would make it impossible for him to continue at his job. We got to work looking at every angle for the weak spot in the case.
The prosecutor was initially unwilling to move off of the charge. She believed the video and client’s performance on field sobriety tests provided great evidence for her on the OWI charge. After a close review of the video and pulling the maintenance records of the intoximeter we felt that we had our hook to try the case to a jury.
Turns out that wasn’t necessary. On the eve of trial the prosecutor called and ultimately agreed to amend the OWI charge to a Reckless Driving. Under other circumstances, maybe a reckless wouldn’t have been accepted, however, where everything is on the line for the client, it was an easy decision.
No OWI allows him to continue in his career, his goal all along. Another great outcome for a very satisfied client.
Two More High-End OWI Clients Avoid Prison
It is not unusual for individuals charged with fifth-or-sixth-offense OWI offenses in Dane County to be sentenced to prison. In two recent cases, Chirafisi & Verhoff clients had one goal in mind: to stay out of prison. Fortunately, they each avoided that fate. In the first case, Attorney Verhoff was able to convince the prosecutor that although the client was guilty of a sixth-offense OWI, she should recommend a probation sentence. She agreed to do so, and the judge accepted the recommendation.
The second case was a bit more dicey. The facts were not in the client's favor. He was convicted of using an inhalant and placed on probation. The day after he was sentenced in that case, he was again arrested for using an inhalant -- this time after passing out in traffic while huffing. The client originally had a different attorney on the case, but turned to Attorney Verhoff for help on advice from a friend. Attorney Verhoff went to work tracking down certain records to see what defense could be mounted. Through negotiation, he was able to chip away at the prosecutor. Ultimately, the prosecutor agreed to recommend an imposed and stayed sentence for probation. At the plea and sentencing hearing, however, things started to look bleak. Although the prosecutor recommended probation, the judge, upset by the facts of the case informed the parties it was likely the recommendation would not be followed. The judge allowed Attorney Verhoff to take a break to speak with the client to see if the client still wished to proceed, knowing it was likely he would be sent to prison. As he walked from the courtroom, several other lawyers commented to him that the judge's comments were "brutal" and things "did not look good" for the client. After speaking with the client and resuming the hearing, Attorney Verhoff asked the judge for an opportunity to clarify some of the comments she made about the case and opinions she appeared to have formed. He then vigorously argued why a probation sentence made more sense than a prison sentence. By the time he finished the argument, the judge had changed her mind. She agreed with Attorney Verhoff and indicated she would place the client on probation. At the conclusion the prosecutor commented that Attorney Verhoff had "clearly changed the judge's mind" with his argument. Another lawyer watching hearing said that Attorney Verhoff had "pulled his client out of the fire" and that he had "never seen a judge change their mind like that before."
Disorderly Conduct, Resisting Dismissed Dane County
In this case, our client was arrested and charged with two criminal offenses after a physical altercation at a local nightclub. Our client, a middle-aged man with no record, had gone out on a date with his wife and another couple. He was accused of of becoming intoxicated and fighting with security guards. He was also charged for resisting the police officers at the time of his arrest. The client hired our firm, and Attorney Verhoff was able to convince the prosecutor to dismiss the case outright. Although cleared of any criminal wrong-doing, the client still may be in a bit of trouble with his wife, given it was their first "date night" out away from the kids in months when this transpired.
Felony Drug Charge Dismissed, No Conviction in Dane County
In this case, our client did not immediately hire Chirafisi & Verhoff, but he and his family were grateful they ultimately did. Local police contacted the client after the van he was driving broke down on the side of the road. Police responded to assist and claimed to smell the odor of marijuana coming from the vehicle. Authorities conducted a search and located a variety of drugs, including psilocybin, Oxycodone, amphetamines, and synthetic marijuana. The District Attorney's Office filed multiple felony charges including drug possession and possession with intent to deliver. The client's first lawyer told him the case looked grim, and he would likely be convicted of at least one felony and serve a considerable amount of time behind bars. The client and his family wanted a second opinion. Based on a recommendation from someone who works in the Courthouse, the client contacted Attorney Verhoff. He met with the client and his family, who were astonished when he told them his goal went beyond avoiding incarceration. Attorney Verhoff believed he may be able to get the client out of all criminal convictions. After reviewing the case, Attorney Verhoff noticed some weaknesses. He then met with the prosecutor and pointed out the flaws. He also gave the prosecutor with valuable insight about the client. At the conclusion of negotiations with Attorney Verhoff, the prosecutor made a settlement offer that the client could not refuse: the ADA agreed to dismiss all felony charges. The prosecutor then agreed to have the client plead to two misdemeanor possession charges with a promise that upon the client's successful completion of a deferred prosecution agreement, the remaining misdemeanor charges would also be dismissed. Needless to say, the client, and his parents, were pleased they decided to hire Chirafisi & Verhoff.
Client Avoids Felony Charge, Conviction in Stabbing
Dane County law enforcement arrested a Chirafisi & Verhoff client on felony charges of reckless endangerment of safety during a disturbance in which the client, who was alleged to be high on drugs at the time, stabbed his roommate. The client was taken into custody, but Attorney Verhoff was able to discuss the matter with prosecutors before formal charges were filed. After our lawyer met with the District Attorney's Office and provided officials with additional information about the client and the situation, prosecutors agreed to file misdemeanor charges of disorderly conduct while armed and criminal damage to property. Prosecutors then agreed have the client participate in a deferred prosecution agreement, which will result in a dismissal of all charges upon the client's completion of the program.
No Child Abuse Charges, Dane County
This case is another example of why the lawyers at Chirafisi & Verhoff recommend hiring legal counsel before criminal charges are filed. In this case, a detective from a local law enforcement agency contacted the client, seeking to interview her about a child abuse claim. It was alleged the client struck her boyfriend's son multiple times while engaging in discipline of him. The child made a disclosure of abuse to officials who also observed bruising on his body. In addition to the criminal investigation, a social worker wanted to interview our client as part of a Human Services investigation. Before making any statements, the client wisely called Attorney Verhoff for advice upon recommendation from a different lawyer in the Madison area. Attorney Verhoff spoke with both the detective and the social worker. He informed them the client would not be making any statements. He then met with prosecutors several times over a period of months to discuss the case. He also provided the client with recommendations for actions that would put her in a position where he would be able to make an argument to the prosecution as to why the case should not be charged. Ultimately Attorney Verhoff brokered a deal with the prosecution in which the District Attorney's Office agreed not to formally file criminal charges against the client if she agreed to participate in an uncharged, deferred prosecution program and engage in parenting classes.
Client Avoids Criminal Charge, IID at a 0.17 Alcohol Concentration
Police arrested a Chirafisi & Verhoff client on criminal charges of hit-and-run and OWI after a traffic accident just outside the Madison area. Police did not locate our client at the scene, but found him later at an area business. He was arrested and submitted to a breath test with a reported value of 0.17 percent. Attorney Verhoff contacted both the District Attorney's Office and the municipal prosecutor before charges were filed. Our client was an older gentleman with no criminal record. Attorney Verhoff was able to strike a bargain with the prosecution in which the District Attorney's Office agreed not to file criminal charges if the client agreed to be convicted of the OWI and compensate for damage to the other vehicle. Our client agreed to do so. Although the client was convicted of an OWI in municipal court, Attorney Verhoff also was able to convince the municipal prosecutor that the ignition interlock device (IID) requirement was not necessary. While the client's test result was in excess of 0.15 percent, it was taken outside the three-hour time frame required for the prosecution to secure a legal presumption of admissibility and applicability. When Attorney Verhoff raised this evidentiary problem with the municipal prosecutor, he simply conceded the IID issue.
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.
Stalking charges dismissed prior to trial (Dane County)
When people think about stalking charges many times they picture a person hiding in the bushes ready to cause harm to someone else. This case our client, who was a former client was charged with Stalking a friend of his.
The prosecution thought they had a good case, offering “no prison” if the client entered a plea. That was not going to happen. The case began to unravel for the government at the preliminary hearing. By the end of that hearing the trial court was unsure whether to even find probable cause to bind the matter over for trial. Once the prosecution saw that the judge was struggling to find probable cause, the flood gates opened.
Chirafisi and Verhoff were able to file motions not only challenging bindover of the preliminary hearing but made an “as applied” challenge to the constitutionality of the stalking statute.
There was no need for a hearing in this case. After the motions were filed, the government realized that the matter should never have been brought in the first place and dismissed the case just prior to the motions being heard. The client, who has very good job, would have certainly lost that job if he had been convicted. Our client could not have been happier with the results.
APR 2 OWI/PAC 1st, 0.22, no IID
The DeForest Police Department arrested our client on criminal charges of hit and run, as well as a first-offense OWI/PAC with an alcohol concentration of 0.22 percent. Police said our client pulled into traffic at an intersection, and two vehicles approaching the intersection collided because of it. Witnesses obtained his license plate information and informed authorities that our client drove away from the scene without stopping. Law enforcement then contacted our client at his home and arrested him. Before criminal charges were filed, our lawyers obtained the police reports and reviewed them. Our lawyers then met with prosecutors from the District Attorney's Office to discuss the case and explained that we believed the government may have difficulties proving our client, whose vehicle never made contact with the other vehicles, was aware a collision occurred. This was important because knowledge of the crash would be a crucial element the prosecution must prove in order to convict on a criminal hit and run charge. Our lawyers also believed the police unlawfully entered our client's garage when making contact with him, and filed a motion to suppress evidence in municipal court. Ultimately, our lawyers brokered a deal with both the District Attorney's Office and the municipal prosecutor. The DA's Office agreed to decline the criminal charge if the client resolved the OWI case short of a trial. And the prosecutor in the OWI case agreed to amend the charge to reflect a lower alcohol concentration (resulting in no ignition interlock device requirement), rather than litigating the suppression motion. Our client accepted the offer and avoid the potential of a criminal conviction and possible jail time.
Domestic Battery and Disorderly Conduct Declined
A recent case is yet another example of why you should not wait until you are charged with a criminal offense to call our office. In this case, police in Dane County arrested our client for domestic battery and disorderly conduct after a physical argument with his adult daughter. The client contacted our office several days before his first court hearing. He provided Attorney Verhoff with significant details about what transpired, the history of problems with his daughter, and other details about himself and his family. Attorney Verhoff then met with the assistant district attorney who was tasked with making a charging decision. Fortunately, he was able to meet with her before a decision had been made. He provided the prosecutor with background detail and indicated, based on his knowledge of the case, a self-defense claim could be mounted on behalf of our client. After meeting with our lawyer, the prosecutor reviewed the case. She decided not to file any charges in the matter and contacted our lawyer to let him know. She even thanked him for providing her with important background information, not contained in the reports, that played part of her decision to decline the charges.
OWI/PAC 2nd Case Dismissed In Dane County
Our client was charged with criminal offenses for operating while intoxicated and operating with a prohibited alcohol concentration in Dane County. Attorney Tim Verhoff attended what he expected to be a routine initial appearance in the case. But the court appearance turned out to be far from routine. Attorney Verhoff received a copy of the criminal complaint minutes before the hearing and reviewed it. The complaint indicated law enforcement had been called out in the early morning hours regarding a report of a vehicle in the ditch. Police made contact with out client, who appeared to be intoxicated. Authorities put him through field sobriety tests, and arrested him. He submitted to a breath test, which resulted in a reported value of 0.17 percent. In court at the initial appearance, Attorney Verhoff made an oral motion to dismiss both charges. He argued the complaint failed to show probable cause supporting the charges. He argued there was no indication the vehicle was running when authorities arrived. There was no information showing our client was the driver. And there was no indication of the time at which the vehicle went into the ditch (an important piece of information in determining if a person is intoxicated at the time of driving). The unsuspecting prosecutor objected to the motion and made several arguments why the case should proceed. Over the prosecutor's objection, the court commissioner granted Attorney Verhoff's motion and dismissed the case against our client.