OWI 1st/ PAC .13, Reckless Driving
Our client called Chirafisi & Verhoff after being accused of drunk driving while smashing his vehicle into his garage damaging the actual structure of the building. Our client was worried because if he had his driving privileges suspended for even a single day, it would cost him his job. He called Attorney Corey Chirafisi to see what could be done.
The groundwork was laid at the administrative suspension review hearing for our Motion. The police had a time of operation, since someone witnessed the client strike the building, but the question was did the police have a basis to go into the house without a warrant? In this firm's opinion, the Supreme Court of Wisconsin has broadened the community caretaker role of the police in this state to the point of ridiculousness. This was a big concern for Attorney Chirafisi, so at the administrative hearing, Attorney Chirafisi was able to get the necessary information from the officer to file the Motion challenging entry into the home.
On the morning of the motion hearing, the prosecutor called (and even though the law is as bad as it is for the defendant’s on this issue) they indicated that they believed it was possible that based on Attorney Chirafisi's Motion, they may lose the case entirely. The prosecutor then offered to dismiss the OWI and PAC charge for a plea to the reckless driving ticket. Our client was able to save his career as his license was never suspended.