OWI / Operating with Restricted Controlled Substance / Refusal

Result: Case Dismissed After Court Grants Motion to Suppress

Handled By: Attorney Corey Chirafisi

Summary: The client was charged in the City of Madison Municipal Court with First-Offense OWI, Operating with a Restricted Controlled Substance, and Refusal after an encounter that began when the client pulled his vehicle off the road following a physical altercation while driving. An off-duty sheriff’s deputy stopped behind the vehicle and detained the client until additional officers arrived. Police reported an odor of intoxicants, and the client declined to perform field sobriety tests and later refused a breath test after his arrest. Officers subsequently obtained a warrant for the client’s blood, which tested positive for a restricted controlled substance. Attorney Chirafisi filed multiple motions challenging both the legality of the arrest and the circumstances surrounding the request for field sobriety testing. Following a contested motion hearing, the Court found that law enforcement had arrested the client without probable cause. As a result of the suppression ruling, the prosecution moved to dismiss the case.

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