Revocation hearings are not something we do all of the time. However, there are situations in which we will represent a client, who has pending charges and a revocation hearing. In this case the client was on probation for OWI 4th offense. He was subsequently arrested for OWI 5th offense. The Department of Corrections moved for revocation of his probation.
Attorney Chirafisi represented the client at the hearing. Through cross examination of the arresting officer, it was established that the officer did not know when the client was actually driving his vehicle. The officer further indicated that he did not know when the client had consumed alcohol (either before or after the crash). Because the officer was unable to establish a time of operation, the ALJ would not consider the test result, which was approximately 6 times the legal limit.
Without that information, the revocation became virtually impossible for the department to win. Ultimately, the ALJ found that the department failed to establish proof of operating while intoxicated and agreed not to revoke the client. He was released from the hold. Him and his family could not have been happier.