OWI/PAC (.10) Dismissed--Prosecutor gives up in the middle of trial
Our client was working up north traveling from job site to job site. In November he had come back to the hotel he was staying at for the week and decided to have a drink after work. As the night was passing, and before he was ready to go to bed, he decided to move his work truck to a better location in the hotel parking lot. That is where the problems started.
The equipment on the back of his truck severely damaged the awning at the hotel, nearly knocking it down. The workers at the hotel called the police and they came to the hotel to question the client.
The client initially denied driving but ultimately told the officer that he was driving and acknowledged drinking alcohol in his room. He provided a breath test after arrest and he blew a 0.10.
The prosecutor would not speak to us about the case. She would not return phone calls, and wouldn’t discuss the facts which is quite unusual.
The case proceeded to trial. The prosecution called the arresting officer to testify and everything fell apart for them. Attorney Corey Chirafisi knows the law and objected to everything improperly done by the Prosecutor. The officer could not establish a time of operation, and because the prosecution could not establish a time of operation, the test result was in serious jeopardy of not being admitted.
The prosecutor tried several times, in multiple different ways, to get the test result in but the judge would not let it in without proper foundation. Attorney Chirafisi continued to make it difficult for the prosecutor to do her job. Then something happened that we have never seen before: in the middle of the arresting officer’s testimony, the prosecutor stood up, literally threw her arms in the air and said that she gave up. She then proceeded to dismiss all the charges against the client. It was a new way to get a great result for the client.