OWI 1st- Sauk County (.132 blood test result)- Case dismissed
This is a case which proves that a small crack in a case can turn into a huge problem for the prosecution. Our client was charged with OWI/PAC 1st offense. The allegation involved him striking a tree at approximately 4:00 a.m. There was no question that he was the driver since he had to be extracted from the vehicle with the help of law enforcement.
The defendant met with Attorney Corey Chirafisi and they mapped out the issues in the case. The biggest issue was whether or not the government could establish a time of operation in the case. They needed to establish what time the client was involved in the accident in order to get the test result into evidence.
First, Attorney Corey Chirafisi filed a Motion to Strip the Test of its Reliability. That Motion was conceded by the Government. Once that happened, Attorney Chirafisi then filed a Motion to Exclude the Test Result unless the Government could establish a time of operation. About a week before the motion hearing was to be held, the Government filed a Motion to Dismiss the entire case, as they realized they could not establish time of driving.
One small little crack in that case led to an amazing result. Our client was thrilled with the results.