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Underage OWI of 0.10 amended to a Reckless

Our client was stopped in the City of Madison for not having her headlights on at night.  She had one other problem: she was underage.

The stop for headlights quickly turned into a stop and investigation for driving while impaired.  The client admitted to consuming alcohol (which is a problem based on her age) and she was ultimately arrested for Operating While Intoxicated.

The client and her parents were referred to Chirafisi & Verhoff and after looking at the video and other related evidence, we felt we would be able to use a defense that frankly, we don’t use that much anymore: alcohol curve defense.

Based on the clients drinking history and weight along with the test result, prior to trial we were able to convince the prosecution that in this particular case there was a real chance that the curve defense could work.  The prosecutor agreed and offered the client a reckless driving.  Almost every client is excited about getting an OWI dismissed or amended, it seems that younger clients and their parents in particular are the most excited.  She gets to continue her studies in college and will have a fresh start upon graduation.