Police stopped our client was for driving with a headlamp that was burned out. The officer contacted our client and smelled an odor of intoxicants. Our client admitted to be on his way home from a bar and to have consumed mixed drinks earlier. Police had him perform field sobriety tests and based on those results arrested him for second-offense OWI. He submitted a breath test and the reported result was 0.09 percent. Attorney Verhoff filed a motion arguing that the police officer violated our client’s rights because the officer did not have a sufficient basis to ask him to do the field sobriety tests. The judge agreed and threw out the test results and the client’s performance on the field sobriety tests. Left with no additional evidence to prove the case, the Assistant District Attorney dismissed both charges.
From an OWI to an inattentive
OWI charges can devastating to those charged, that certainly is the case for Illinois drivers charged here in Wisconsin. Our client was enjoying a weekend of snowmobiling with friends when he was returning home on a Sunday morning and was stopped by a State Trooper for speeding.
The Trooper noticed the odor of intoxicants coming from within the vehicle and our client told the Trooper that he had consumed alcohol the previous evening but had nothing to drink for more than 12 hours. The trooper ultimately got our client out of the vehicle, put him through standardized field sobriety tests and placed him under arrest for Operating While Intoxicated.
While at the police station, our client refused to submit to an evidentiary chemical test of his breath and was charged with a refusal. Being an Illinois driver, our client faced a possible indefinite drivers license revocation if he was convicted of the OWI charge.
The lawyers at Chirafisi & Verhoff began working on the case by filing a motion challenging the detention of our client without reasonable suspicion. The motion was heard and denied by the Court; however, after the hearing, the Assistant District Attorney called and wanted to discuss the case further. The government acknowledged the case would be difficult to defend on appeal and offered to resolve the case for an inattentive driving ticket and a dismissal of the refusal as well. Our client left with no OWI conviction, no refusal, and a small fine.
Injunction Denied
Our client’s relative filed a petition requesting the court to issue a four-year harassment injunction against her. The relative alleged that our client engaged in a series of acts, including stealing from her and damaging property. After the petitioner testified, our lawyers presented evidence to support our argument that the relative was simply attempting to use the injunction process to bolster her case in a related legal proceeding. The judge agreed and dismissed the injunction petition against our client.
Marijuana Possession, Vandalism, Obstructing – All charges dismissed before trial
Our client came to Madison from out of state for a visit and rented a hotel room. Police were called to the room based on a noise complaint. While standing outside of the room, police said they smelled the odor of marijuana and heard people talking loudly about smoking and whether smoking would set off the smoke detector. Police knocked on the door and made contact with our client and also saw several guests in the room. Our client originally refused to allow police into the room, and the officers found him to be “argumentative and uncooperative.” Police claimed our client ultimately consented to a search of his room. Upon entry, police observed a broken lamp and found marijuana wrapped in a towel in the bathroom. They arrested our client for drug possession, obstructing and damaging property. At the first hearing, the newly-hired Assistant District Attorney refused to discuss the merits of the case. Instead, he made an offer to dismiss a citation also issued to our client for smoking in a hotel room if our client entered a plea to the other three charges. Our attorney flatly rejected the offer. At the final hearing before trial, our attorney met with the Assistant District Attorney assigned to handle the trial. He asked her a simple question. How do you plan to prove any of this? Although less than enthusiastic to talk with law enforcement, our client had not lied to police. Therefore, he had not obstructed the investigation in any way. There were many people in the room, how was the ADA going to prove it was our client’s marijuana in the bathroom? Finally, how was the ADA going to show the lamp was intentionally damaged, let alone who damaged it? After several minutes of silence, the prosecutor responded. “You’re right,” she said. “I’ll dismiss it all.”
Drugged Driving, Domestic Violence and OWI/Posession paraphernalia cases all thrown out
DODGE COUNTY: DRUGGED DRIVING CASE DISMISSED
Prosecutors originally charged our client with driving after smoking marijuana. After reviewing the lab reports, our lawyers convinced the prosecution they could not win the case because the client had only metabolites of THC, but no delta-9 THC in his system. Case dismissed prior to trial.
DOMESTIC VIOLENCE CASE DISMISSED
Our client was charged in Dane County with multiple felony and misdemeanor counts after breaking into his estranged wife’s home and allegedly assaulting her. One the felony charges and all of the misdemeanor charges were dismissed outright. The client entered into a deferred prosecution agreement on the remaining felony charge, which will be dismissed upon completion of the agreement.
CITY OF REEDSBURG – EVIDENCE SUPPRESSED, OWI CASE AND POSSESSION of DRUG PARAPHERNALIA THROWN OUT
Police stopped our client for failure to properly yield to a pedestrian in a cross walk. As a result of the stop, our client was charged with OWI, PAC and possessing a pot pipe. Police tested our client’s blood, which revealed an alcohol level of 0.187 percent. Our lawyers filed a motion to suppress the evidence, arguing the officer lacked a basis to stop the client. The judge agreed and threw out all of the evidence against our client, and the case was dismissed.
Felony Assault Trial-Not Guilty
JURY FINDS CLIENT NOT GUILTY OF FELONY ASSAULT
A Vernon County jury returned a not guilty verdict for a Chirafisi & Verhoff client after a multiple-day trial on a felony assault charge. Our client originally faced a charge of Aggravated Battery for punching another individual and leaving him with a fractured skull and brain injuries. He was facing significant prison time. At trial, our lawyers called witnesses who testified that the injured party was actually the person who provoked the fight. Our lawyers argued that our client’s actions were lawful because he had the right to engage in self-defense and the defense of another person present. The jury agreed, finding our client not guilty.
Two OWIs and one Operating with Restricted Controlled Substance-All Amended 12/16/13
First Case
Our client, who is an Illinois driver (OWIs can have extraordinary consequences on an Illinois license), was arrested up north in Langlade County for Operating While Intoxicated and Operating With a Prohibited Alcohol Concentration.
Police were dispatched to a one vehicle car crash and upon arriving at the scene noticed that our client smelled of intoxicants. Client indicated to the police that she was driving and swerved to miss a deer which made her lose control of the vehicle and put it in a ditch. Client told the police that she had 5 drinks and she hadn't had anything to drink since the crash.
According to the police reports, the client failed the field sobriety tests she was given, and she was placed under arrest for OWI. At the police station the client agreed to submit to an evidentiary chemical test of her breath and blew a 0.10.
The lawyers at Chirafisi & Verhoff put their defense right out front--that the prosecution would not be able to establish time of operation, which could have an effect on whether the test result would become admissible. The prosecution initially refused to move on the charge and the matter was set for trial.
However, shortly before the matter was set to proceed to trial, the prosecutor agreed to amend the charge to Reckless Driving. For all clients, this type of an amendment is a big deal, but in this situation because the client was an Illinois driver, the stakes were even higher. The client was thrilled, no OWI conviction and no revocation of her driving privileges.
Second Case
Our Client called Chirafisi & Verhoff because he was stopped for Operating While Intoxicated and he has a commercial driver’s license.
Our Client knew that his ability to continue to do his job for the next year required that he be diligent in this case and make sure he fought it every step of the way. Our Client was stopped for speeding and the officer immediately noticed the tell-tale signs of intoxication: slurred speech, bloodshot eyes and difficulty with his balance. Client was asked to step from vehicle and perform field sobriety tests. Client was unable to complete the tests and admitted to the officer that he had been drinking. Officer arrested him for Operating While Intoxicated and requested that the defendant submit to a blood test, which the client agreed to do. The blood test result came back at 0.237.
The case was scheduled for trial in municipal court and as the trial began, the prosecution attempted to get evidence admitted at the trial. Attorney Corey Chirafisi objected and the Court precluded the evidence from being admitted. Seeing that his case was in real jeopardy, the prosecution offered this client a reckless driving ticket. The amendment saved the clients license and his job.
Third Case
Our Client was stopped for speeding by local law enforcement. After having a conversation with the client, the officer was going to issue him a warning and let him get on his way; but the officer then asked the client for permission to search his vehicle, which the client gave. The officer found marijuana in the vehicle and asked the client when he last smoked marijuana. The Client told the officer that he had smoked a short time before the stop and was then arrested and charged with Operating a Motor Vehicle With a Restricted Controlled Substance.
Our Client’s blood was taken and it did show a detectable amount of Delta-9 THC in his system. That is a strict liability offense, meaning that the government does not need to show impairment, all they need to show is that person drove or operated a vehicle while they had Delta 9 in their blood.
The lawyers at Chirafisi & Verhoff drafted a motion to suppress based on an illegal detention of the client. Before the motion was even heard, the prosecution agreed that they had some problems with the case. The prosecution offered our Client an inattentive driving in lieu of the Restricted Controlled Substance charge. No conviction, no license suspension, client gets to get on with his life.
OWI and PAC amended to Improper parking on a roadway
Our client was charged with an OWI and PAC first offense and his test result was a 0.22. We filed and argued Motions to Suppress in our client's case. Ultimately, the charges were amended to an improper parking on a roadway charge with a $500.00 fine.
Felony synthetic pot charges - all charges to be dropped
Our client was charged with selling synthetic pot in Sauk County. The defendant faced one felony charge of possession with intent to distribute a hazardous substance. This charge carries a maximum imprisonment of three years and six months. Attorney Tim Verhoff successfully negotiated with the Prosecution for a deferred prosecution agreement of 18 months, at which point all charges against our client will be dropped.
Iowa County-Possession of THC and drug paraphernalia, all charges dismissed
Our client was charged with possession of THC and possession of drug paraphernalia resulting from a traffic stop of his vehicle. Chirafisi and Verhoff reviewed all the evidence in the case and believed that the officer in this case did not have probable cause to search our client's vehicle based on the reason for the stop.
Chirafisi and Verhoff filed a motion challenging the evidence located as a result of the search and the government agreed without having a hearing that the evidence was obtained as the result of an unlawful search. The charges against our client were dismissed!
Dane County OWI 2nd, Possession of Heroin all charges dismissed
Our client was charged with Operating While Intoxicated 2nd offense and Possession of Heroin. Our client was called in by someone who was so concerned about his driving that they called 911 and followed the client to the gas station where our client had stopped. The police officer responded to the location and had conversations with our client about his plans.
The officer ultimately arrested our client for Operating While Intoxicated, 2nd offense and then located Heroin “in plain view” in our client's vehicle. Chirafisi & Verhoff filed a motion challenging the probable cause for the arrest and a motion challenging the illegal search of the vehicle. After much discussion and viewing the evidence with the Assistant District Attorney, the government agreed that no probable cause existed for the arrest and also agreed that the search of the vehicle was unlawful. All charges against our client were dismissed.