Thursday, August 14, 2014

August 11, 2014: Operating with Restricted Controlled Substance-2nd Offense Reduced to Minor Traffic Ticket

RF had no idea he was committing a serious crime at the time he was stopped for a minor equipment violation by the State Patrol. Thinking he would just receive a warning and be sent on his way, RF was stunned when the Trooper began aggressively questioning him about drug use. After some very questionable police tactics in the ensuing investigation, RF found himself cuffed and in the backseat of the squad car for allegedly Operating a Motor Vehicle with a Restricted Controlled Substance as a second offense, a serious charge involving a mandatory jail sentence and a very lengthy license revocation. Things only got worse when the result of the post-arrest blood test revealed the presence of an illegal drug in RF's system. Not knowing where to turn, RF and his mother conducted extensive research of Wisconsin's top defense attorneys. After interviewing several, they chose Dennis Melowski.

These cases can be very difficult to defend because the prosecutor only has to prove that the illegal substance was present in the blood at the the time of driving. Proving the drug was at a certain level is not required, nor is proof of impairment by the drug. Thus, the fate of such cases is often determined by whether or not there are sufficient legal challenges to get the blood test result thrown out by the judge. Recognizing the potential legal challenges in a given case and successfully raising them is often a function of the skill of the individual defense lawyer involved. After carefully reviewing the squad video evidence and police reports, Dennis Melowski identified several game-changing legal issues on RF's behalf, all of which had to do with the Trooper's investigation on the side of the road. Dennis brought these challenges to the attention of the judge in the form of written motions. Within just days of the motions being filed, Dennis received a phone call from the prosecutor who admitted there was significant merit to Dennis' arguments. A fantastic deal was offered to RF. The criminal charges would be completely dropped in exchange for a plea of no contest to a minor traffic ticket for lane deviation, a deal RF happily accepted. Aside from paying a $200 fine, RF suffered no consequences from this incident and avoided a criminal conviction. Another exceptional real result.

Wednesday, July 16, 2014

June 26, 2014: First Offense Drunk Driving Case (with .14 breath test result) Reduced to Non-Alcohol-Related Village Ordinance Violations

CM has a successful career as a salesperson in the medical device filed, a job that requires him to drive extensively, both in his home state and Wisconsin. Any disruption to his driving privileges would cost CM his job and would severely hamper his ability to regain similar employment. So when CM had the misfortune of being arrested for his first-ever drunk driving offense, he knew he would have to find the very best attorney to fight his case. After extensive research, CM decided that Dennis Melowski was the only lawyer for the job.

The fantastic deal Dennis reached in CM's case did not come easily. It was the byproduct of nearly two years' worth of work. Through a contested municipal court trial, to an appeal to circuit court where several motion issues were litigated, Dennis pushed the case at every opportunity. Finally, just a few weeks before another motion hearing, Dennis' efforts paid off...in a big way. Dennis was able to convince the prosecutor to drop the two original alcohol-related charges (OWI and PAC) in exchange for CM pleading no contest to two extremely minor village ordinance violations: Being in a Park After Hours and Loitering on Posted Property. Aside from paying a fine, CM suffered no consequences from his arrest. He never lost his license for a single day and nothing will even appear on his driver record related to this incident. More importantly, he avoided becoming a convicted drunk driver. It was the best outcome CM could have hoped for. And he still has his job.

Wednesday, July 2, 2014

Attorney Singh Has A Drugged Driving Case Amended To Inattentive Driving And Also Has Two Cases Completely Dismissed



PRESCRIPTION DRUGGED DRIVING CASE AMENDED TO INATTENTIVE DRIVING

Prescription drug cases are very difficult. They require a general understanding of how certain chemicals may affect a person’s motor skills. Because of the plethora of prescription medication available, these types of cases require a great deal of research. Often, when someone is arrested for drugged driving, numerous medications may be involved. Such was the case for RLK. RLK was (and still is) suffering from a life-threatening illness, which requires a copious number and combination of prescription drugs. Some of these drugs affect her ability to operate a motor vehicle. It was shortly after taking her medications that RLK was forced to leave the house to seek her son, who was supposed to have been home several hours prior. While searching for her son, RLK was stopped by police and subsequently arrested for intoxicated driving. She contacted Attorney Sarvan Singh to help with her situation. Attorney Singh reviewed her conditions, her medications, and presented an alternative resolution to the prosecutor. The prosecutor, familiar with Attorney Singh, went along with amending the charge of drugged driving to a simple inattentive driving citation. RLK could not believe her luck and repeatedly expressed to Attorney Singh how fortunate she was to hire him. Having the charge amended allows RLK to focus on her health and working on getting better.

DRUNK DRIVING FIRST WITH REFUSAL COMPLETELY DISMISSED

There are times when a traffic stop just doesn’t smell right. For example, SSS was driving home with three other friends after watching the dirt track races when he was stopped because the front seat passenger supposedly did not have his seat belt fastened. Keep in mind the officer observed this from behind the vehicle at around midnight. The officer pulled SSS over and subsequently arrested him for Operating While Intoxicated, first offense.  SSS sought out Attorney Singh to help him with his case. Attorney Singh reviewed the video, but determined it was inconclusive. However, during their meeting, SSS described the appearance and operation of the seatbelt, which differed significantly from the officer’s report. Attorney Singh had SSS take pictures of the seatbelt and filed a motion challenging the stop. During the hearing, the officer’s testimony was consistent with his report, which is exactly what Attorney Singh wanted. Attorney Singh then showed video and pictures of the actual seatbelt, and explained how it completely contradicted the officer’s testimony. The judge, after hearing all the evidence, threw the case out and SSS walked away feeling vindicated.

OWI THIRD OFFENSE COMPLETELY DISMISSED.

An OWI third offense is very serious charge. A conviction may result in up to a year in jail. That’s why NED hired our firm. He was facing an OWI third offense with a unique set of circumstances: He wasn’t driving the vehicle. In fact, the officer arrested him as he was walking up to his house. NED tried to explain the circumstances to the officer, but the officer simply didn’t believe him and arrested him for drunken driving. NED hired Attorney Singh and told him what happened, which was while his car was found in a ditch a mile away from his residence, his buddy was the one who put it there. In fact, NED explained that the last time he actually drove was much earlier in the day. Attorney Singh read the reports, watched the video, and spoke with NED’s friend who had actually operated the car. Despite the officer’s insistence otherwise, there was no evidence to show anything NED said was untrue. Armed with this information, Attorney Singh approached the prosecutor and laid out his case, essentially showing that there was very little chance he could prove his case. The prosecutor agreed and dismissed the case completely.

Monday, June 16, 2014

Attorney Matt Murray Obtains Outstanding Outcomes In Three Cases:

1.  OWI - Third Offense reduced to Negligent Operation of Motor Vehicle


 RS was a commercial truck driver and charged with a third offense OWI.  He was therefore facing a lifetime disqualification of his commercial driver's license.  In the days before the jury trial, after several pretrial hearings attacking the evidence, the prosecutor finally agreed to amend the charge to a Negligent Operation of a Motor Vehicle, which carried no license revocation and saved RS' career.

2.  OWI - First Offense reduced to Inattentive Driving


 Another commercial driver, NK, was charged with OWI- First Offense after being pulled over for allegedly squealing his tires.  NK adamantly stated that he never squealed his tires.  Attorney Murray obtained a copy of the squad video and pointed out that the smoke observed actually came from the exhaust and not the tires. The charge was amended to an Inattentive Driving citation.  Another license saved.

3.  OWI - Third Offense with .328 Blood and accident reduced to First Offense with no jail


 TG was in big trouble.  It was his third offense, his blood test came back at .328, he had rear ended another car, and was also charged with refusing the blood test.  The officer also tagged on an Inattentive Driving ticket.  He was facing substantial jail time and was rightfully scared.  Attorney Murray reopened TG's second offense and had it dismissed because the municipal court that entered the judgment did not have jurisdiction.  The third offense was then dropped to a first offense and TG served no jail at all.  The prosecutor was not pleased and wanted TG to then plead to both the Refusal charge and the OWI - First Offense.  Attorney Murray then pushed the case until the Refusal and Inattentive Driving charges were also dismissed.  Another very happy client.

Friday, June 13, 2014

June 11, 2014: OWI-1st/PAC-1st (with .164 Blood Test Result) Reduced to Speeding Ticket

Our client, TK, came to us with a case that had some very difficult facts. Observed by an officer to be speeding at 2:30 in the morning, TK initially did not pull over in response to the officer's lights. According to the officer, TK traveled more than a mile before he pulled over. This resulted in TK being charged criminally for Failing to Stop for an Officer. What's more, TK allegedly failed the field sobriety tests and had a blood alcohol level more than twice the legal limit. Despite the damning allegations, TK had to do whatever he could to keep a drunk driving conviction off his record. His job (and career) depended on it. TK sought advice from his civil attorney in finding the best drunk driving attorney in Wisconsin. The attorney provided only one name: Dennis Melowski.

When Dennis started digging into the case, he began to realize that the case against TK was not quite as strong as it initially seemed. The officer's squad video contradicted some of his claims about TK's performance on the field sobriety tests and it even called into question whether TK would have been able to see the officer's squad lights from the rear when he "failed to stop." Dennis filed several legal challenges on TK's behalf and a motion hearing was ultimately held in front of the judge. At this hearing, Dennis devastated the officer on cross-examination and was able to severely weaken the State's case. At the conclusion of the hearing, the judge ordered both sides to brief the issue of whether the motions should be granted based on how the officer testified. Dennis filed his brief and, within a week of doing so, got a call from the prosecutor offering a fantastic deal. The prosecutor agreed to drop the drunk driving charges in exchange for TK pleading no contest to a simple speeding ticket. In addition, the criminal charge of Failure to Stop for an Officer was amended to Obstructing an Officer, which will not appear on TK's driver record. Aside from paying some fines, TK suffered no consequences from this incident. More importantly, he is not a convicted drunk driver. He couldn't be happier.

Tuesday, May 20, 2014

May 15, 2014: Jury Finds Client NOT GUILTY in OWI-2nd Case (with .10 breath test result)

The prosecutor in this case made our decision to go to trial a very easy one. He would not agree to reduce AH's drunk driving charge to a lesser offense and would not make any meaningful concessions in the sentence he was seeking. So he lost the case instead. After poking hole after hole in the arresting officer's explanation of events, Dennis Melowski quickly made the State's case against AH fall apart. Dennis even caught the arresting officer red-handed on police department video skipping a very important part of the breath test procedure, a misstep that seriously called into question the accuracy of the result. In the end, it took the jury only 20 minutes to find AH NOT GUILTY of all charges. Sometimes the State has to learn the hard way and Dennis is more than happy to teach them. And AH is even happier.

Tuesday, May 13, 2014

6 More Clients Avoid Drunk Driving Convictions

Our attorneys have been on an absolute tear lately. All of the following fantastic results have occurred just in the last 2 months:**

1) OWI-1st/PAC-1st (with .11 blood test result) Reduced to Inattentive Driving and Speeding

This case was a major victory for DG, one of our many out-of-state clients. Had he been convicted of the original drunk driving charges, he would have been facing drastic consequences in his home state, consequences that would have likely led to him losing his job and profoundly impacting his ability to gain similar employment in the future. The stakes were very high in this case. After several months of intense negotiations with the prosecutor, Dennis Melowski was able to convince the prosecutor to drop the original charges to minor traffic offenses based on numerous holes Dennis was able to uncover in the case. Based on the deal Dennis worked out,  DG suffered no penalties other than fines and never lost his license for a single day. 

2) OWI-1st/Refusal of Chemical Test Reduced to Non-Alcohol-Related Town Ordinance Violation

Our client, SD, came to us with a very difficult set of facts. He had been called in by another driver who followed him all the way to his house. Ultimately the police responded and SD was allegedly found passed out in his driveway. The police believed they had a "slam-dunk" drunk driving case on their hands and quickly arrested SD. In their haste, however, the police made some mistakes in their investigation and we were able to develop an issue as to whether the cops had authority to go on to SD's property in the first place. Also, SD never actually refused to submit to the blood test, contrary to the officers' claims, a point we were able to very successfully leverage in negotiations with the prosecutor. In the end, it became apparent to the prosecutor that there were legitimate issues in SD's case that made it far more trouble to prosecute than it was worth. Ultimately, we were able to convince the prosecutor to agree to an outstanding resolution of SD's case. The original drunk driving and Refusal charges were dropped. In exchange, SD agreed to plead no contest to a newly issued municipal ordinance violation for Disorderly Conduct, an offense which will not even appear on SD's driver record. Aside from paying a fine, SD suffered no consequences from his arrest. He could not have been happier with this terrific outcome. (To read SD's review of our work in his case on an independent lawyer rating website, click here:  http://www.avvo.com/attorneys/53081-wi-dennis-melowski-1523763/reviews.html).

3) First Offense (with .249 blood test result) Reduced to Inattentive Driving for Police Officer Client

Much of our unmatched success in defending accused drunk drivers is due to our proven ability to completely dismantle and discredit police testimony in court. Often, we must be confrontational with the police to effectively represent our clients, which can sometimes lead to strained relations with the officers. Ironically, however, we have had countless clients referred to us over the years by police officers. Whether family members or friends, these officers want the best possible representation for the people closest to them. In short, perhaps more than anybody, the cops on the front line know who the most effective attorneys are. They either see it with their own eyes in court or they hear about it from other officers. Several times, we have even represented officers themselves who have had the misfortune of being arrested for drunk driving, which was the case with our client, HM. HM had been involved in a serious accident in which she sustained injuries. Although the accident was not her fault, a blood test during medical examination following the crash revealed that she had an alcohol level of .249 in her blood, a result that was more than 3 times the legal limit. The blood test evidence was very damning and it became the central focus of the case against HM. After much research and countless hours going through the blood evidence, we were able to find several significant reasons to question the validity of the result. Months of intense negotiations with the prosecutor produced a fantastic result for HM. The drunk driving charged was dropped. Instead, HM plead no contest to Inattentive Driving, a minor traffic offense which carries no loss of license. HM was spared the career-ending stigma of a drunk driving conviction and is still employed as a police officer. 

4) OWI-1st/Refusal Of Chemical Test Reduced to Reckless Driving and Operating Left of Center

This case is another example of our complete devotion to accomplishing our clients' goals, regardless of how long it might take. KD's case was more than two and a half years old when we finally worked out the deal that saved his job. Despite heavy resistance, we were able to finally convince the prosecutor to drop the original drunk driving and Refusal charges in exchange for no contest pleas to reduced charges of Reckless Driving and Operating Left of Center. How? By closely examining the video of KD's alleged refusal of the breath test at the police station, we were able to identify several misleading and erroneous comments made by the officers that played a factor in KD's alleged refusal of the test. In short, the cops screwed up and we could prove it with their own video evidence. Without the Refusal charge, the prosecutor knew he would have a very difficult time in prevailing on the OWI charge, which prompted this great resolution. As a side benefit to KD, due to the age of his case when it was resolved, the points associated with the 2 reduced charges no longer would count against his driver record. Another VERY happy client.

5) Commercial Driving Client Avoids Lifetime CDL Disqualification; Second Drunk Driving Charge (with .174 blood test result) Amended to Non-Alcohol-Related Misdemeanor Offense

Although only 27, JS was staring down his second drunk driving charge. Because of this, JS was facing lifetime disqualification of his commercial driving privileges. This would not only mean the immediate loss of a well-paying commercial driving job, it would also mean that JS would never drive commercially again. Ever. JS could not bear the thought of such a harsh consequences. Fortunately, a close friend of JS' was a former client of Dennis Melowski's whose commercial driving career Dennis had saved. This former client urged JS to not give up hope and to call Dennis right away. JS took his friend's advice and it was the best decision he ever made. Dennis was able to convince the prosecutor to drop the original drunk driving charges in exchange for JS' plea of no contest to a newly issued misdemeanor charge of Negligent Operation of a Motor Vehicle, which would not even appear on JS' driver record. JS was placed on probation for one year and had to pay a fine, but he never lost his license for a single day; didn't have to spend a single day in jail; and his commercial driving privileges remain fully intact. And he still has his job. 

6) OWI-1st/PAC-1st (with .12 breath test result) Reduced to Inattentive Driving

Few professions are hit harder by a drunk driving conviction than commercial airline pilots. A drunk driving conviction is viewed as such a black mark for a commercial pilot that it can be a death sentence for a pilot's career. That's the situation our client, RC, found himself in. At 52, RC couldn't afford to start looking for a new career. Being a pilot was all he had ever known. RC knew he would have to do whatever he could to keep this unfortunate incident from ruining the rest of his life. After extensive research, and after interviewing many very good attorneys, RC decided that Melowski & Associates was his only hope. It was a decision RC will never regret. After slugging the case out for more than a year, the prosecutor finally gave up seeking a conviction on the original drunk driving charges.Instead, RC agreed to plead no contest to Inattentive Driving, a non-alcohol-related, minor traffic offense that would have no impact on RC's driving privileges. Even more important, it would have no impact on RC's pilot license and would result in no repercussions from the FAA. RC's flying career was saved. It was the exact outcome he was hoping for.

**This truly is a remarkable string of successful results in some very difficult drunk driving cases. If you are calling around and talking to other attorneys, please ask them to identify the outcomes of drunk driving cases they have resolved in the last few months. Make them be specific. Our guess is that you will not hear anything close to this. If they tell you at all.