From an OWI to an inattentive
OWI charges can devastating to those charged, that certainly is the case for Illinois drivers charged here in Wisconsin. Our client was enjoying a weekend of snowmobiling with friends when he was returning home on a Sunday morning and was stopped by a State Trooper for speeding.
The Trooper noticed the odor of intoxicants coming from within the vehicle and our client told the Trooper that he had consumed alcohol the previous evening but had nothing to drink for more than 12 hours. The trooper ultimately got our client out of the vehicle, put him through standardized field sobriety tests and placed him under arrest for Operating While Intoxicated.
While at the police station, our client refused to submit to an evidentiary chemical test of his breath and was charged with a refusal. Being an Illinois driver, our client faced a possible indefinite drivers license revocation if he was convicted of the OWI charge.
The lawyers at Chirafisi & Verhoff began working on the case by filing a motion challenging the detention of our client without reasonable suspicion. The motion was heard and denied by the Court; however, after the hearing, the Assistant District Attorney called and wanted to discuss the case further. The government acknowledged the case would be difficult to defend on appeal and offered to resolve the case for an inattentive driving ticket and a dismissal of the refusal as well. Our client left with no OWI conviction, no refusal, and a small fine.