OWI 1st/ Refusal- Walworth County
Many people complain that refusals are virtually impossible to beat, and they can be difficult. At Chirafisi & Verhoff, before you make a decision on how to attempt to attack the refusal, we believe you need to make sure you review all the evidence. It can make a huge difference.
In this case, the defendant was caught on radar by law enforcement for speeding on his motorcycle at approximately 3:00 a.m. The defendant was close to his residence and did not initially see the officer behind him, so he pulled his motorcycle into the garage and got off. The officer made the fatal mistake of getting out of his vehicle (which is fine) then walking up to the client and into the client’s garage to have a conversation with him (which is not fine). The officer did not receive the client’s consent to enter the garage.
None of that information about entering the garage was contained in the police reports. It is something that Corey Chirafisi was aware of after spending time reviewing the documents with the client. Then, during the refusal hearing, the officer acknowledged that he did in fact enter the garage without permission.
Attorney Chirafisi was prepared with case law supporting his position and once the parties briefed the issue, the Court ruled that the officer violated the client's constitutional rights by entering the garage. All evidence was suppressed - including the defendant’s refusal to take the test. Tough county (Walworth) but a great win and a happy client.