OWI 3rd amended to 1st offense- Green County
Our client was stopped for not having functional tail lamps one evening. That stop led to her arrest for Operating While Intoxicated as a 3rd offense. Our client was very concerned considering the substantial penalties associated with a 3rd offense. Our client was referred to Chirafisi & Verhoff for our expert knowledge in this type of case, our experience in handling these types of matters, and our success rate.
Corey Chirafisi reviewed the file and was able to determine that a prior conviction from over 20 years ago may be invalid as the client did not have a lawyer on that case. After much digging, it was firmly established that the client did not have a lawyer and Corey and the client were able to attack that prior conviction.
The government put up more fight than usual on the issue of whether the client had made a prima facie showing. The parties filed motions, affidavits and briefs on the issue. After much debate, the Court found that in fact the client had made the necessary prima facie showing and at that point Attorney Chirafisi knew the hearing was likely won. He was right, at the actual motion hearing, the prosecution conceded that they would not be able to meet their burden and agreed that the client would not be charged with an OWI 3rd, but rather an OWI 1st. Our client was thrilled, no criminal conviction and no jail with the charge.