The third and final trial of August was a OWI with a .14 test result. Corey Chirafisi also tried this case. The client was pulled off the road, her drivers side tires were on the fog line, the car was running and the client was sleeping. When the officer made contact with her she immediately put the car in drive, then reverse and had some difficulty explaining where she was coming from. The case proceeded to trial with Corey Chirafisi initially getting the Court to throw the test result out because there was no indication as to time the client was on the roadway. The Court reversed its decision and allowed the jury to hear the test result of .14.
Attorney Chirafisi was able to argue that the client had made the right decision to get off the road. That her good decision was going to be punished by the state and that was contrary to what we expect our drivers to do. The client had a CDL which made the case that much more important for the client.
The jury was out for 45 minutes and found the client not guilty of both citations. Her job was saved.