Dane County OWI 2nd, Possession of Heroin all charges dismissed
Our client was charged with Operating While Intoxicated 2nd offense and Possession of Heroin. Our client was called in by someone who was so concerned about his driving that they called 911 and followed the client to the gas station where our client had stopped. The police officer responded to the location and had conversations with our client about his plans.
The officer ultimately arrested our client for Operating While Intoxicated, 2nd offense and then located Heroin “in plain view” in our client's vehicle. Chirafisi & Verhoff filed a motion challenging the probable cause for the arrest and a motion challenging the illegal search of the vehicle. After much discussion and viewing the evidence with the Assistant District Attorney, the government agreed that no probable cause existed for the arrest and also agreed that the search of the vehicle was unlawful. All charges against our client were dismissed.