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Client Avoids Criminal Charge, IID at a 0.17 Alcohol Concentration

Police arrested a Chirafisi & Verhoff client on criminal charges of hit-and-run and OWI after a traffic accident just outside the Madison area.  Police did not locate our client at the scene, but found him later at an area business.  He was arrested and submitted to a breath test with a reported value of 0.17 percent.  Attorney Verhoff contacted both the District Attorney's Office and the municipal prosecutor before charges were filed.  Our client was an older gentleman with no criminal record.  Attorney Verhoff was able to strike a bargain with the prosecution in which the District Attorney's Office agreed not to file criminal charges if the client agreed to be convicted of the OWI and compensate for damage to the other vehicle.  Our client agreed to do so.  Although the client was convicted of an OWI in municipal court, Attorney Verhoff also was able to convince the municipal prosecutor that the ignition interlock device (IID) requirement was not necessary.  While the client's test result was in excess of 0.15 percent, it was taken outside the three-hour time frame required for the prosecution to secure a legal presumption of admissibility and applicability.  When Attorney Verhoff raised this evidentiary problem with the municipal prosecutor, he simply conceded the IID issue.