Two More OWI Wins

Case #1- OWI 4th/PAC 4th- Dane County

Client was on bail for an OWI 3rd when he was arrested for a 4th offense. The penalties on a 4th offense involve felony level charges, possible prison time and possible lifetime revocation of driving privileges.

The client was contacted by police after his wife called 911 stating that the client had appeared at her home intoxicated. The police located the client in his vehicle with 3 open bottles of alcohol at a .24 blood alcohol level. The case hinges on one fact, operation. We interviewed the wife how indicated that she did not know how the client got to the residence, she never saw him driving and didn’t see his vehicle. There was a statement that she heard him on a McDonald’s drive thru ordering food. The camera at the drive thru was viewed for hours and at no time, was there client in the drive thru. We had something.

Attorney Corey Chirafisi filed a motion to exclude the test results because the state could not establish a time of operation. At the hearing, the state did us one better, they dismissed the entire case because they could not establish that the client ever operated his vehicle that day.

No felony, no jail/prison and no lifetime revocation. A great day all around.

Case #2- OWI/PAC 2nd- Crawford County- Evidence Suppressed

The facts of this case are extremely hard to follow. Client was observed driving recklessly in Crawford County by an off-duty Grant County Deputy Sheriff. Off duty cop follows the client into Grant County and confronts him at a gas station. Off duty cop calls a Crawford County Deputy to travel into Grant County to arrest client for OWI. Yeah, that’s not going to work. Corey Chirafisi filed a motion to suppress based on the inability to arrest outside of his jurisdiction. The court indicated the issue required research and briefing. We did that, after the legal papers were filed, the Court suppressed the field tests and everything after on the illegal arrest. Client was thrilled

UW-Madison Discipline Hearing - Board of Regents Agrees to Review Non-Academic Misconduct

We have done more non-academic misconduct, include Title IX hearings in the past couple of years. They are unlike anything else that we do. The hearings are not like court hearings in that in some situations, the complaining witness does not even need to testify in order for a finding to be made against the client when they are students at a university. The punishment for non-academic misconduct can include suspension or expulsion from a university. Even if the student is never charged criminally for the conduct.

That is what we had in this case. Client is getting his Ph.D. at UW and is accused of multiple misdemeanor charges. The initial report made by the complaining witness described her assailant, which in no way matched that of our client. No matter, the university pressed forward. The request by the university was suspension for 2 years.

A hearing was held regarding whether the client would be punished by UW for his behavior and the university did not call the complaining witness to testify. There was no cross examination of her regarding the clear misidentification in the case. The hearing panel made the determination that the client was responsible for the action and expelled him from the university.

We appealed that ruling to the chancellor, who upheld the expulsion.

Undeterred, we appealed to the Board of Regents requesting they review the matter. The Board agreed with the client's claims that his constitutional right to due process may have been violated by not having the complaining witness testify. This ruling may allow the client to finish his Ph.D. In all the years we have been doing these, this was the first time the board intervened on behalf of a student.

OWI/PAC 2nd .15 (Dane County) Evidence Suppressed, All Charges Dismissed

This case involves a client who crashed his vehicle off the interstate into the cement barriers which are sometimes located near the median areas. When the police found him he had no shoes on, was covered in mud and stated he had been drinking shots, beer and mixed drinks.

The mistake the officer made was moving the client to a different location to perform field sobriety tests. Officers are allowed to do that, except, there is a limitation on the distance they can move someone who is not under arrest. We had a motion hearing on the distance the officer moved the client and the court found that the distance was too great. The court then suppressed the test result in the case which was a .15. The state could have tried to move forward with the accident and observations of the client. Thankfully, the state moved to dismiss all the charges. Great result on a motion that isn't filed that often.

Possession With Intent to Deliver Heroin >50grams-Case Dismissed (Dane County)

Dane County has a reputation of being "soft" on drugs and for certain drugs like marijuana, that reputation is well earned. Dane County is no different than any other county in the state when it comes to heroin however. If you are caught selling or trying to sell heroin, normally there are no breaks and when there is a gun involved, forget it.

Our client was caught with 125 grams of heroin and a .45 caliber handgun in a bag he was carrying. So far, doesn't sound very promising.

However, after speaking with the client, we learned that neither the drugs nor the gun actually belonged to him. He had agreed to store it for a relative of his. Still not looking so good.

We were able to convince the prosecutor that the family member was the person they should be looking at to prosecute and the state agreed with our position. Once the family member entered a plea to a charge involving drugs, the state dismissed all charges against our client.

OWI/PAC .09 - Charges Amended (Dane County)

2 more OWI/PAC charges amended.

Case #2: This client was stopped for speeding 81 in 55. When police made contact with him he had bloodshot eyes, admitted to drinking and had an odor of intoxicants coming from his breath. The officer stated that the client failed field sobriety tests and a chemical test of his breath showed a result of .09.

Corey Chirafisi was able to raise a couple of issues which, like the last case, led to an amendment without having to go through a hearing. The client had made statements regarding a blood test and the officer ignored that request. Second, the officer told the client he was under arrest for an OWI 2nd offense when in fact it was his 1st offense. So Corey had 2 motions, one for failure to provide an alternative test to the client and one for misinforming him regarding what the offense was when the police requested the breath test.

The prosecutor, without a hearing, offered an amendment. Another great outcome for the client.

OWI/PAC 2nd .15 - Evidence Suppressed (Dane County)

Client was charged with OWI 2nd for crashing his vehicle under the interstate and having it come to rest next to a cement wall. Client was located walking without shoes, admitting that he drove his vehicle.

How we got the evidence suppressed in this situation was that law enforcement decided that based on the client being "shoeless" that they were going to move him to another location to conduct field sobriety tests. That doesn't work. The location of field sobriety tests must be within "the vicinity" of the stop. In this case, the court found that the officer moved the client a distance too far from the scene for that to be within the vicinity. Therefore, the court suppressed the test result. Case isn't concluded, however, good start.

9 Counts in 2 Criminal Complaints Dismissed. Minimum Mandatory 25 year sentence - Dane County- Over 240 years of possible imprisonment dismissed

We have been saying for some time that our results are uncommon. No case we have handled better illustrates that fact than this one.

Client was charged in a case which gained attention based on his job, a teacher at a middle school.

He was initially charged in a 4 count complaint with among other things, first degree sexual assault of one of his students.

Almost 2 years later the child accused the client and his roommate of sexual assault, adding 5 additional counts to the charges. The new charges added a twist, the allegations triggered a minimum mandatory sentence of 25 years to two counts. Meaning if the client was convicted he would have to serve 25 years in prison before the possibility of release.

We filed a motion to dismiss the case because the police destroyed an interview with the child where the child denied he had ever been assaulted in any way. We also dug in and did the “hard shit” getting experts to go through forensic evidence. That evidence established the child was clearly lying about the allegations. We presented that evidence to the DA, along with our motion to dismiss.

Prior to the hearing, which has been a staple in our cases lately, the DA simply moved to dismiss all charges. It is the 3rd case in a row, handled by Corey Chirafisi that the hearing never actually took place, instead the government simply dismissed the charges.

We believe that these results are better than other firms. We are happy to put these results up against any other firm.

The client can try to piece his life back together after 2 long years. We are thrilled to be a small part of that process.

OWRCS #2 - Delta 9-THC present - Dane County- Case dismissed

At first blush, the case looked difficult. Client had THC in his system making the charge a strict liability offense. If the government could prove the operation of the vehicle, they can get a conviction.

The police report indicated that the office pulled into a gas station and the client's vehicle was running, in a parking stall and the client was passed out. The officer indicated she had to pound on the window to wake the client.

The video showed a much different story. The officer never went up to the window. The client opened the car door for the officer. We had the officer in a clear misstatement. Attorney Chirafisi filed a motion to suppress the stop of the vehicle.

The state didn't even want a hearing on the case. They conceded the motion without a hearing. Can't really do much better than that.

Dane County OWI 4th, PAC .25 - Case dismissed at preliminary hearing

We are strong believers in doing preliminary hearings, unless the state gives the client a reason to waive the hearing. In this case, Dane County has a "policy" of not making offers at prelims, that policy ran into our "policy" of not being a doormat for the government.

The state attempted to introduce the test result, something which would have clearly gotten bindover, however, Attorney Chirafisi objected as there was no information the test was taken within 3 hours of driving. Court would not allow the test result to be admitted.

The State attempted to establish driving but didn't know the law on what constituted "operation" under the drunk driving laws. Attorney Chirafisi successfully argued to the court that operation was never established and the court dismissed the felony OWI.

The other part of this case which will be important moving forward is, the client has 2 other pending OWI charges. This case would have subjected him to a presumptive prison sentence. Not anymore. Client was beyond happy with the result.

Disorderly Conduct Dismissed, Dane County

Sometimes the most simple solution is the best outcome for everyone. Our client got into a physical altercation with her adult sister with whom she lived. The client was booked into the jail on a charge of domestic battery, but the prosecution issued a lesser disorderly conduct charge. Prior to trial, our attorney worked out an agreement that made sense for everyone, particularly our client who had no prior record. The prosecution agreed that if our client found a new place to live, the charges against her would be dismissed. Fortunately, our client located a new apartment. We provided a copy of the new lease to the prosecutor, who dismissed the case against her.

Criminal Domestic Case Amended, Dane County

The Dane County Sheriff's Department arrested our client for a domestic disturbance with his wife. The couple got into an argument while driving. Our client was accused of calling his wife names and punching the dashboard. Our client, who called 911, told police his wife hit him during the incident. The District Attorney's Office filed a criminal charge of domestic disorderly conduct against him. Although we thought our client had a very good trial case, he was worried about trial risks and the possibility of collateral consequences if convicted of a criminal offense. Attorney Tim Verhoff negotiated an outcome that helped the client meet his goals of avoiding a criminal conviction and any collateral consequences without risk. Under the terms of a settlement agreement, the prosecutor amended the criminal charge to a non-criminal ordinance violation, which is the legal equivalent of a traffic citation and the client agreed to pay a modest forfeiture. When our attorney let the client know of the outcome, he told our lawyer it exceeded his original expectations for the case.

Evidence tossed, OWI/PAC-2nd Dismissed

Another outstanding result in this Dane County case. Our client and her spouse were parked in their van with the engine running, looking at the stars in a county park. Unfortunately, it was about 45 minutes after park closing hours.

A sheriff's deputy made contact with our client and her husband and started asking questions. Ultimately the encounter resulted in our client being arrested. She was charged criminally with a second-offense OWI and PAC at a 0.11 concentration.

Prior to trial, Attorney Tim Verhoff filed two motions to suppress evidence. In the first motion, our lawyer alleged a Miranda violation and sought suppression of the client's statements. In the second motion, he argued that without the statements, taken in violation of Miranda, there was insufficient evidence for the deputy to have suspected impaired driving, making his request for the client to perform field sobriety tests and the breath test unlawful.

The prosecutor reviewed Attorney Verhoff's motions, consulted with other prosecutors in the DA's Office and even conferred with a lawyer from the Wisconsin Department of Justice who specializes in OWI prosecutions. They all reached the same conclusion. Our attorney was correct in his argument, and the government had to concede both motions. The judge also agreed and suppressed the evidence, leaving the prosecution unable to move forward on the criminal charges and with no options other than asking the judge to dismiss the case.

OWI 1st/PAC .21 (Dane County) All Evidence Suppressed, Charges Dismissed

The great results keep on coming. This case was an OWI with a high test result (over .20). The case had an interesting fact pattern. The client was stopped in downtown Madison at approximately 11:00 p.m. by an officer because the officer believed that she smelled the odor of marijuana coming from the client's vehicle. The officer stated she followed the vehicle for blocks and the odor did not dissipate while she was following the client. Ultimately, she pulled the client over and he was arrested for Operating While Intoxicated.

Attorney Chirafisi filed a motion challenging the stop of the vehicle. The court indicated that the initial impressions was the officer did have a reason to stop the client's car. After the cross examination of the officer, the court indicated the officer's report did not match the video of the incident and the court suppressed all the evidence related to the case. The DA then moved to dismiss the case.

Can't do better than that. Great outcome for a really good client.

3 More Cases Dismissed

In the last 10 days, Chirafisi & Verhoff has had 3 outcomes in cases which are worthy of mentioning. 2 OWI cases and a possible sexual assault charge. Each client walked away with no record of any kind.

Case No. 1- OWI 1st/BAC .12- Case dismissed by prosecutor.

The client was stopped because he was squealing his tires in downtown Prairie du Chien at bar time. A police officer was patrolling downtown and observed the violation, pulling the client over. What flipped the case was the video (as it is many times). On the video, after placing the client under arrest, the officer began to speak to him regarding possible penalties if he either agreed to, or refused the blood test. The problem was the information the officer provided was incorrect. Attorney Corey Chirafisi filed a motion to suppress the test result and the prosecutor simply conceded the argument and informed the court that he was dismissing the matter. No amendment, just a complete dismissal.

Case No. 2- precharge on possible charges of Intercourse with an Unconscious person- Dane County.

As we have mentioned many times in the past, we do quite a bit of pre-charge representation. If a client believes charges may be forthcoming, we get involved and usually can help with the case right from the start. In this case, the client believed that he might be charged for a consensual encounter with a woman the evening before. She had filed a restraining order against the client. We handled that matter, got it dismissed. Then the police came calling. Obviously, the client made no statements and he did comply with a DNA test. After approximately 8 months, law enforcement called and informed Attorney Corey Chirafisi that they were not going to forward charges to the DA, they did not believe they could prove the case. Client was able to avoid any charges and the restraining order was denied.

Case No. 3- OWI 2nd/BAC .258

This is a follow up from an early post where Corey Chirafisi was able to convince the trial court to throw out the clients blood alcohol concentration test of a .258. However, the driving in the case was terrible. The video, which usually helps, was very bad for the client. He was slurring his words, couldn't follow directions and just looked drunk. The case was amended from an OWI to Negligent Operation of a Vehicle. That is great, the client was able to get out of an OWI. What was better was at the end of the hearing, the court expunged the charge of Negligent Operation. No record of any kind. Result could not have been better.

Dane County Drug Charge Expunged

Law enforcement suspected our client of being a drug dealer. In a coordinated effort that included authorities from the State Department of Criminal Investigation, police targeted the client with a plan to arrest him and search his vehicle. Police followed him in his car and waited for him to violate a traffic law. Authorities ultimately stopped him for speeding, searched his vehicle and found several jars filled with more than 100 grams of marijuana. Prosecutors filed a criminal drug charge against the client. In a negotiated resolution, Attorney Tim Verhoff brokered a deal in which the client entered a plea to the misdemeanor charge of possessing marijuana. The judge ordered him to complete 32 community service hours, but authorized the expungement of the case upon the client's completion of the community service and payment of court costs.

Resisting Case Dismissed, Dane County

Prosecutors charged our client with resisting an officer based on an incident at a BLM protest in Madison last year. Authorities were taking another protester into custody when our client allegedly attempted to intervene and remove a spit hood (which police had placed on him) from his fellow protester. As authorities attempted to stop our client from removing the spit hood and take him into custody, he fled from the scene. Police used video evidence to identify the client and arrested him on a later date. The client and his family were rightfully concerned about how the arrest and criminal prosecution would impact his future, including his college plans. Attorney Tim Verhoff negotiated a settlement with the prosecution. Our client performed community service, and the District Attorney's Office agreed to dismiss the case against him outright.

Domestic Assault Case, Dane County

A constellation of bad facts presented an uphill battle when the client called us about this case. For starters, it was not the first time the client found himself in trouble with the law. Attorney Tim Verhoff represented him in two, separate criminal cases a few years ago. In each of those matters, our attorney was able to obtain outstanding results. One case was dismissed outright prior to trial. The second case was amended from a criminal charge to a non-criminal citation on the eve of trial. The second challenge in this matter was that the client, who was alleged to have been drinking heavily when he grabbed a baseball bat, threatened his wife and slapped her legs, admitted his conduct when police arrived on scene. Prosecutors charged him with domestic battery and disorderly conduct while armed. The DA could prove this case if it went to trial. Was there any way to avoid a criminal conviction yet again? Yes, there was. Due to the client's prior history, the prosecutor initially wanted him to be convicted and supervised on probation. But through negotiations, Attorney Verhoff was able to convince the prosecutor why a deferred prosecution agreement made more sense for everyone involved. Ultimately, the DA agreed. Both charges now are scheduled to be dismissed as soon as he completes the deferred agreement.

Forgery/Uttering Dane County-Case Dismissed at Preliminary Hearing

In our opinion, lawyers today waive preliminary hearings far too often. We believe those hearings can be an essential piece to setting up a client's defense, and in some cases, getting the case dismissed.

Client was charged with forging his ex-wife's signature on family court documents which were then presented to the family court commissioner. To make the matter more interesting, the client's own lawyer told police investigators that the document containing the alleged forgery was provided to her by the client.

Attorney Corey Chirafisi believed two things; first, the way the state had charged the case would prevent the state from being able to establish each element of the charge and second, the statement made by the lawyer had to be excluded.

At the preliminary hearing Attorney Chirafisi objected to any statements made by the client's family lawyer on the grounds of attorney-client privilege. The court ultimately granted that objection and precluded the state from introducing any of those statements.

Then Attorney Chirafisi pointed out how the state could not meet one of the elements of the charge. The court ordered the matter to be briefed by the parties. After briefing was complete, the court agreed that the facts did not support the felony charge of forgery and the case was dismissed.

Having preliminary hearings doesn't happen with many law firms, we think that in some situations, they are invaluable. This case showed just how valuable they can be.

DA Amends, Then Dismisses Multiple Counts of Identity Theft

Our client, a young college student, found a credit card in his residence hall. Unfortunately, rather than simply returning the card to its owner, he used it on multiple dates to purchase food. The resulting criminal investigation led to authorities charging him with five felony counts of identity theft. He also faced disciplinary consequences from the university. Attorney Tim Verhoff met with the client several times to get a better idea of why he engaged in the conduct. When they met with authorities from the university, our attorney was able to present this information, and the client was able to continue his enrollment. In the court system, our attorney used the same approach. Although the prosecutor was reluctant at first, Attorney Verhoff was able to convince the DA to amend three of the felony charges to misdemeanor offenses and dismiss two of the felonies outright. On the remaining three misdemeanors, as amended, our lawyer reached an agreement with the District Attorney's Office to resolve the case by having the client participate in a deferred prosecution program with a dismissal of all the charges upon completion. Needless to say, the client and his family were thrilled with the outcome.

MDMA Conspiracy Expunged, Dane County

After receiving information from the Department of Homeland Security and Customs and Border Patrol about a suspicious package destined for Madison from JFK International Airport, local law enforcement set up a drug sting. Through the investigation, law enforcement determined that 262 grams of MDMA was being mailed to a home in Madison from a location in Slovenia. Our client, who lives more than 100 miles away from Madison, was arrested in the sting after the Madison homeowner who received the package contacted him and asked him to come to retrieve the package delivered to her home. The Dane County District Attorney's Office initially charged our client with conspiracy to deliver designer drugs, a Class C Felony, carrying a penalty of up to 40 years in prison. Our Attorney, Tim Verhoff, worked the case and was able to convince the prosecutor to amend the charge to a substantially lesser offense that could be expunged. The case was resolved short of trial with the judge approving an agreement for an expunction of the case upon the client's successful completion of a probationary period. Needless to say, the client, who had no prior criminal record, was quite relieved to get a second chance at a clean record.