OWI 1st / Refusal - Amended to Reckless Driving During Trial
Our client came to us with two problems: he was arrested for OWI and refusal, but he also had a CDL that he needed for his occupation.
He knew he needed to fight the charges in order to save his career so he hired Chirafisi & Verhoff to help him do just that. The prosecutor would not dismiss the case outright as he had a refusal to work with and knew that if the defendant lost on the refusal, his driver’s license would be revoked and he would lose his CDL.
The matter proceeded to trial. After the prosecution called the arresting officer and rested, it was Chirafisi & Verhoff’s turn. The arresting officer was questioned about her observations and tests she performed on the client during the incident. By the end of the cross examination, the officer admitted that she did not perform the field sobriety tests correctly and the Court found that there was a problem with probable cause based on that testimony.
Before the Court made any specific findings on the Operating While Intoxicated charge, the prosecution offered to amend the OWI to Reckless Driving and to dismiss the refusal charge. The client was thrilled as he was able to keep his CDL and his job.