The client was facing a second offense OWI, that is not unusual in our practice. The issue for the client was he was a CDL holder and the conviction would have meant a lifetime revocation of his CDL. The state was unwilling to move off of the OWI charge, so we proceeded to trial. The client was driving his motorcycle with a friend when the friend crashed. The client was contacted by the police and was put through field sobriety tests and ultimately arrested. He provided a sample of his blood which was a .112.
After the state called the officer to testify and before the analyst was called, Attorney Chirafisi raised the issue that the state had failed to establish a specific time of operation. Without that information, the blood sample result was in jeopardy. The state didn't even raise an argument. They immediately offered the client a reckless driving ticket. The amendment saved the client from jail time but more importantly, allowed him to continue to work. Client gladly accepted the amendment.