OWI 1st. .09 accident/hit and run- Dane County
Our client was driving at bar time on a busy street in downtown Madison. He was involved in an accident for sideswiping another vehicle and then leaving the scene. When police made contact with him, he was not very cooperative and was charged with multiple offenses, including OWI/PAC and a criminal charge of Hit and Run.
Chirafisi & Verhoff got involved in the case and started with the Hit and Run charge. We met with the prosecutor prior to the court appearance and were able to convince the prosecutor not to charge the Hit and Run.
Next was the OWI charge. The accident did pose a problem (as it usually does) and being over the legal limit compounded the accident.
As the matter closed in for trial, we found an issue with the manner that the breath test was conducted. We decided to hold this issue back and not disclose it to the other side until we had an opportunity to cross examination the breath test operator. It turns out that we never had the opportunity to do so because the prosecutor called us and agreed to amend the charge to reckless driving. At the end of the day, the hit and run disappeared and so did the OWI.