Most attorneys would have looked at LJL's case and told her she had no chance. In fact, most of them did. After all, LJL had been stopped by the police for multiple traffic infractions: speeding, defective headlight and unsafe lane deviation. She also admitted to drinking; supposedly failed all of the field sobriety tests; and had a roadside breath test over the legal limit. To make things even worse, LJL had her 10-year-old daughter in the vehicle when she was pulled over, making this a serious criminal charge, despite it being her first-ever DUI arrest. To top it all off, the police insisted on giving LJL both a blood AND a breath test following her arrest, due to the seriousness of the charge. Both results were over the legal limit. The blood test (done first) revealed an alcohol level of .125 and the Intoximeter breath test (done second) revealed a level of .089. Initially, the evidence against LJL seemed overwhelming and no one was giving her any hope. Fortunately, the last attorney with whom LJL consulted suggested that she give Dennis Melowski a call, telling her that Dennis was her only hope.
When Dennis took over LJL's case, even he thought he had his work cut out for him, especially given the fact that LJL's arrest occurred in Milwaukee County, which is notorious for its "no plea bargain" policy in drunk driving cases. Their rule is simple: you either plead guilty as charged, or take your case to trial. No exceptions. So from day one, Dennis knew the case would be presented to a jury, and he prepared it accordingly. With painstaking effort, Dennis looked at the hurdles he would need to get over at trial (and there were many) to find a way to overcome them. The more closely Dennis looked at the case, the more he noticed a pattern. For every "bad fact" the prosecutor had against LJL, there was a credible explanation pointing towards her innocence. Much of it had to do with LJL's long history of serious health problems, which became a central focus of the case. From her performance on the field sobriety tests, to the unique way in which her body processed the alcohol from the one drink she consumed the night of her arrest, LJL's medical issues provided the answer to almost every problem in her case. But would the jury believe it?
One thing's for sure. The DA's office didn't believe it. In fact, they assigned their top DUI specialist, someone with even more experience than Dennis, to prosecute the case. And this prosecutor was hell-bent on getting a conviction---and beating Dennis Melowski. And he pulled out all the stops to do it. From aggressively challenging every move Dennis made, to calling no less than 3 expert witnesses to counter the claims of Dennis' expert, the prosecutor engaged in a desperate campaign to win, seemingly at all costs. But in a trial that lasted a full 5 days (yes, 5), the prosecutor's desperation became his undoing. Despite his aggressive efforts, he couldn't put a dent in LJL's testimony. She told the truth in a convincing manner, even when she was called a liar to her face. The expert physiologist who testified on LJL's behalf also emerged unscathed, calmly and effectively refuting every crazy question posed to her during a cross-examination that lasted more than 3 hours. In the end, the truth and superior lawyering won the day. At the conclusion of a week-long trial, and nearly 2 full years after her arrest, the jury found LJL NOT GUILTY of all charges. LJL was overcome with emotion and joy when the verdict was read. After 2 years of trying to get her good name back, LJL walked out of the Milwaukee County Courthouse completely exonerated. As we have repeatedly said, never underestimate the difference a top-notch attorney can make, even when a situation seems hopeless.
Thursday, May 9, 2013
Monday, April 29, 2013
April 12, 2013: Complete Dismissal of OWI-2nd Offense with .09 Test Result
Our client, WK, was initially stopped for "deviating within her own lane" after a sheriff's deputy followed her for some time on the interstate. After smelling alcohol on her breath, the deputy had WK perform some roadside sobriety tests (on video), which she supposedly failed. After her arrest, she was taken to the sheriff's department for a breath test, with an alleged result of .09. Unfortunately for WK, this was her second such arrest in the last 12 months and she was charged criminally with an OWI-2nd. If convicted, she was facing mandatory jail time of about 60 days in this particular county, along with a 14-month license revocation, ignition interlock installation and a hefty fine. Even worse, because WK's prior arrest occurred within the last 12 months, she would be completely ineligible for an occupational license if convicted. After much research interviewing attorneys, WK chose Dennis Melowski for the important task of saving her from these horrible consequences.
At Melowski & Associates, our attorneys will utilize any crack they can find in a client's case to gain an advantage. It's an important part of what makes us so successful and is a key distinction between our firm and others. Sometimes these cracks can be found where you least expect them. WK's case is a perfect example of this. Early on in the case, Dennis seized on an opportunity to protest to the judge that some important evidence in WK's case was not turned over to him, despite Dennis' specific request for it. After several months of litigating this issue, the prosecutor disclosed that the evidence Dennis had been seeking had not been preserved. This fact, combined with some other difficulties the prosecutor was having with a key witness in the case, led to a complete dismissal of all charges against WK. It was the best possible result she could have hoped for and she couldn't be happier.
At Melowski & Associates, our attorneys will utilize any crack they can find in a client's case to gain an advantage. It's an important part of what makes us so successful and is a key distinction between our firm and others. Sometimes these cracks can be found where you least expect them. WK's case is a perfect example of this. Early on in the case, Dennis seized on an opportunity to protest to the judge that some important evidence in WK's case was not turned over to him, despite Dennis' specific request for it. After several months of litigating this issue, the prosecutor disclosed that the evidence Dennis had been seeking had not been preserved. This fact, combined with some other difficulties the prosecutor was having with a key witness in the case, led to a complete dismissal of all charges against WK. It was the best possible result she could have hoped for and she couldn't be happier.
Thursday, April 18, 2013
5 Incredible Results in the Last 10 Weeks: 4 Sets of Drunk Driving Charges Dropped and an OWI-3rd Reduced to an OWI-1st
Our attorneys have enjoyed incredible success so far this year, as previous entries in the Real Results Tracker demonstrate. And recently we have been on an absolute tear. Take a look at these fantastic outcomes we have obtained for our clients just since February 1:
Case #1: OWI-1st (with .178 Blood Test Result) Reduced to Two Minor Traffic Tickets- Our client, ALM, was found stopped in the middle of a lane of traffic. After allegedly failing the field sobriety tests on camera, she was taken to the hospital for a blood draw, the result of which was .178, more than twice the legal limit. Initially the case for the prosecutor looked strong, but after thorough and careful questioning of the arresting deputy at ALM's DOT suspension hearing, Dennis Melowski was able to lay the groundwork for some legal challenges that he used as leverage in negotiations with the prosecutor, someone who was very familiar with Dennis' track record at trial. Rather than risk a complete loss, the prosecutor agreed to drop the original OWI and PAC charges in exchange for the client's plea of no contest to two minor traffic tickets: Inattentive Driving and Improper Standing of Vehicle. Aside from paying a fine, ALM suffered no consequences from her arrest and was able to avoid the career-ending stigma of a drunk driving conviction. Needless to say, she was thrilled.
Case # 2: OWI-3rd (with .192 Blood Test Result) Reduced to OWI-1st with Minimum Penalties and No IID Installation- When our attorneys are on a case, we pride ourselves in leaving no stone unturned in the pursuit of exceptional results for our clients, even if it means closely scrutinizing a client's DUI conviction from years before. It was this commitment to finding any crack we can to exert as leverage which led to an incredible result for our client, BLT. BLT came to us with a third offense, a serious charge that typically involves a several-month jail sentence, two to three years of license revocation, exhorbitant fines, and mandatory installation of an ignition interlock device (IID) for years. The allegations against BLT in his present case were going to be very difficult to overcome. He was called in by another driver after some very poor driving was observed and his blood test came back at .192. It became clear that we would have to look elsewhere if BLT was going to get the type of result to which our clients are so accustomed. So Dennis Melowski dug deep into BLT's past and found a serious defect in his second DUI conviction. This defect was brought to the attention of the prosecutor, who agreed that BLT's second offense should not be counted. The prosecutor agreed to reduce BLT's third offense to a first offense. But Dennis wasn't quite done. While most attorneys would have taken that offer and run, Dennis held out for more and ultimately got the prosecutor to agree to eliminate the IID requirement for the first offense conviction. Because BLT's blood test was so high, even if he was convicted of a simple first offense, he was still facing the IID requirement for one year. But Dennis convinced the prosecutor to reduce BLT's alleged blood alcohol level to below .15, thereby removing him from the range of IID requirement. He also got the prosecutor to agree to the absolute minimum penalties for a first offense. BLT was ecstatic. He never had to spend a day in jail; only had his license revoked for 6 months; never had to install an IID; and paid a fine that was thousands less than originally charged.
Case #3: OWI-1st/PAC-1st Reduced to Reckless Driving- Our client, LJ, has an excellent job with a well-known Wisconsin corporation that requires him to drive a company vehicle. Unfortunately, LJ's stop and arrest for DUI occurred while he was driving his company vehicle. This was a major problem and the company's rules were very clear. If LJ was convicted of any alcohol-related charge, or if he was convicted of an offense where he lost his license for even a single day, he would be fired, despite his long history with the company. LJ was very motivated to do whatever he possibly could to avoid a DUI conviction and save the job he valued so much. Fortunately, LJ was able to talk to some friends who had used Dennis Melowski with great success in their own DUI cases in the past. The outcome in LJ's case is a testament to just how important it is to hire a lawyer with a well-known reputation for winning. As it turns out, the prosecutor for the municipality where LJ's arrest occurred went toe to toe with Dennis in a jury trial about 2 years earlier. In a case the prosecutor thought for sure he would win, Dennis' client was found not guilty. Not wanting to experience another trial with Dennis where the prospect of a conviction would be far from certain, the prosecutor agreed to drop the drunk driving charges. Instead, LJ plead no contest to a reduced charge of Reckless Driving, which is a non-alcohol-related charge that involves no loss of license. Aside from paying a fine, LJ suffered no consequences from his arrest. He never lost his license and still has his job.
Case #4: OWI-1st (with .160 Blood Test Result) Reduced to Inattentive Driving and Impeding Traffic By Slow Speed- Over the years, Dennis Melowski has represented nearly a dozen clients for whom he has been able to beat a DUI charge more than once. In 2010, Dennis successfully represented JH when he picked up his first DUI charge by having it reduced to the minor traffic offense of Inattentive Driving, saving JH's job in the process. When JH had the misfortune of being arrested again in 2012, there was little doubt that he would be calling on Dennis to try to save him a second time. And Dennis delivered. After seriously undermining the arresting officer's credibility at JH's administrative suspension hearing, Dennis was able to lay the groundwork for several legal challenges in court. After reviewing the challenges Dennis filed, even the prosecutor believed that a drunk driving conviction was in jeopardy. This belief was cemented after Dennis exposed several discrepancies between what the arresting officer claimed in his report and what appeared on his squad video. Dennis was able to negotiate another fantastic result for JH. The OWI charge was reduced to Inattentive Driving and the PAC charge was reduced to Impeding Traffic by Slow Speed. Aside from a fine, JH suffered no consequences from his arrest and was able to avoid the life-altering stigma of a drunk driving conviction (again).
Case #5: OWI-1st/Refusal of Chemical Test/Underage Drinking Reduced to Absolute Sobriety Violation- Our client, TF, is a 20-year-old college student with a bright and promising future. The last thing anyone needs at this critical stage of their young adult life is a drunk driving conviction that will haunt them for years to come. From getting admitted to graduate schools to applying for sought-after jobs, a convicted drunk driver is frequently placed on the bottom of the pile. So when TF got arrested, his parents knew they would have to hire the best attorney they could find to save their son's future. After exhaustive research, they knew that Dennis Melowski was the one for the job. And Dennis initially had his work cut out for him. In addition to the OWI charge, TF was also charged with Unlawful Refusal of a Chemical Test (carrying greater consequences than the OWI charge itself) and Underage Drinking (TF's second such offense, thereby exposing him to license suspension). But after doing a lot of digging, Dennis was able to find several issues that helped give him significant leverage in negotiations with the prosecutor, someone very familiar with Dennis' success rate in these cases. After much discussion, Dennis finally got the prosecutor to agree to reduce the drunk driving charge to an Absolute Sobriety Violation and to dismiss the remaining Refusal and Underage Drinking charges. Although the Absolute Sobriety Violation carries a 90-day license suspension, it is not a drunk driving charge. It simply means that TF was drinking alcohol and drove, which is illegal given the fact that he was not yet 21. Not only was TF able to avoid the stigma of a drunk driving conviction, he also avoided the lengthy and costly court-ordered alcohol counseling associated with the original charges and was also able to avoid the ignition interlock device (IID) installation. His bright and promising future remains fully intact.
Case #1: OWI-1st (with .178 Blood Test Result) Reduced to Two Minor Traffic Tickets- Our client, ALM, was found stopped in the middle of a lane of traffic. After allegedly failing the field sobriety tests on camera, she was taken to the hospital for a blood draw, the result of which was .178, more than twice the legal limit. Initially the case for the prosecutor looked strong, but after thorough and careful questioning of the arresting deputy at ALM's DOT suspension hearing, Dennis Melowski was able to lay the groundwork for some legal challenges that he used as leverage in negotiations with the prosecutor, someone who was very familiar with Dennis' track record at trial. Rather than risk a complete loss, the prosecutor agreed to drop the original OWI and PAC charges in exchange for the client's plea of no contest to two minor traffic tickets: Inattentive Driving and Improper Standing of Vehicle. Aside from paying a fine, ALM suffered no consequences from her arrest and was able to avoid the career-ending stigma of a drunk driving conviction. Needless to say, she was thrilled.
Case # 2: OWI-3rd (with .192 Blood Test Result) Reduced to OWI-1st with Minimum Penalties and No IID Installation- When our attorneys are on a case, we pride ourselves in leaving no stone unturned in the pursuit of exceptional results for our clients, even if it means closely scrutinizing a client's DUI conviction from years before. It was this commitment to finding any crack we can to exert as leverage which led to an incredible result for our client, BLT. BLT came to us with a third offense, a serious charge that typically involves a several-month jail sentence, two to three years of license revocation, exhorbitant fines, and mandatory installation of an ignition interlock device (IID) for years. The allegations against BLT in his present case were going to be very difficult to overcome. He was called in by another driver after some very poor driving was observed and his blood test came back at .192. It became clear that we would have to look elsewhere if BLT was going to get the type of result to which our clients are so accustomed. So Dennis Melowski dug deep into BLT's past and found a serious defect in his second DUI conviction. This defect was brought to the attention of the prosecutor, who agreed that BLT's second offense should not be counted. The prosecutor agreed to reduce BLT's third offense to a first offense. But Dennis wasn't quite done. While most attorneys would have taken that offer and run, Dennis held out for more and ultimately got the prosecutor to agree to eliminate the IID requirement for the first offense conviction. Because BLT's blood test was so high, even if he was convicted of a simple first offense, he was still facing the IID requirement for one year. But Dennis convinced the prosecutor to reduce BLT's alleged blood alcohol level to below .15, thereby removing him from the range of IID requirement. He also got the prosecutor to agree to the absolute minimum penalties for a first offense. BLT was ecstatic. He never had to spend a day in jail; only had his license revoked for 6 months; never had to install an IID; and paid a fine that was thousands less than originally charged.
Case #3: OWI-1st/PAC-1st Reduced to Reckless Driving- Our client, LJ, has an excellent job with a well-known Wisconsin corporation that requires him to drive a company vehicle. Unfortunately, LJ's stop and arrest for DUI occurred while he was driving his company vehicle. This was a major problem and the company's rules were very clear. If LJ was convicted of any alcohol-related charge, or if he was convicted of an offense where he lost his license for even a single day, he would be fired, despite his long history with the company. LJ was very motivated to do whatever he possibly could to avoid a DUI conviction and save the job he valued so much. Fortunately, LJ was able to talk to some friends who had used Dennis Melowski with great success in their own DUI cases in the past. The outcome in LJ's case is a testament to just how important it is to hire a lawyer with a well-known reputation for winning. As it turns out, the prosecutor for the municipality where LJ's arrest occurred went toe to toe with Dennis in a jury trial about 2 years earlier. In a case the prosecutor thought for sure he would win, Dennis' client was found not guilty. Not wanting to experience another trial with Dennis where the prospect of a conviction would be far from certain, the prosecutor agreed to drop the drunk driving charges. Instead, LJ plead no contest to a reduced charge of Reckless Driving, which is a non-alcohol-related charge that involves no loss of license. Aside from paying a fine, LJ suffered no consequences from his arrest. He never lost his license and still has his job.
Case #4: OWI-1st (with .160 Blood Test Result) Reduced to Inattentive Driving and Impeding Traffic By Slow Speed- Over the years, Dennis Melowski has represented nearly a dozen clients for whom he has been able to beat a DUI charge more than once. In 2010, Dennis successfully represented JH when he picked up his first DUI charge by having it reduced to the minor traffic offense of Inattentive Driving, saving JH's job in the process. When JH had the misfortune of being arrested again in 2012, there was little doubt that he would be calling on Dennis to try to save him a second time. And Dennis delivered. After seriously undermining the arresting officer's credibility at JH's administrative suspension hearing, Dennis was able to lay the groundwork for several legal challenges in court. After reviewing the challenges Dennis filed, even the prosecutor believed that a drunk driving conviction was in jeopardy. This belief was cemented after Dennis exposed several discrepancies between what the arresting officer claimed in his report and what appeared on his squad video. Dennis was able to negotiate another fantastic result for JH. The OWI charge was reduced to Inattentive Driving and the PAC charge was reduced to Impeding Traffic by Slow Speed. Aside from a fine, JH suffered no consequences from his arrest and was able to avoid the life-altering stigma of a drunk driving conviction (again).
Case #5: OWI-1st/Refusal of Chemical Test/Underage Drinking Reduced to Absolute Sobriety Violation- Our client, TF, is a 20-year-old college student with a bright and promising future. The last thing anyone needs at this critical stage of their young adult life is a drunk driving conviction that will haunt them for years to come. From getting admitted to graduate schools to applying for sought-after jobs, a convicted drunk driver is frequently placed on the bottom of the pile. So when TF got arrested, his parents knew they would have to hire the best attorney they could find to save their son's future. After exhaustive research, they knew that Dennis Melowski was the one for the job. And Dennis initially had his work cut out for him. In addition to the OWI charge, TF was also charged with Unlawful Refusal of a Chemical Test (carrying greater consequences than the OWI charge itself) and Underage Drinking (TF's second such offense, thereby exposing him to license suspension). But after doing a lot of digging, Dennis was able to find several issues that helped give him significant leverage in negotiations with the prosecutor, someone very familiar with Dennis' success rate in these cases. After much discussion, Dennis finally got the prosecutor to agree to reduce the drunk driving charge to an Absolute Sobriety Violation and to dismiss the remaining Refusal and Underage Drinking charges. Although the Absolute Sobriety Violation carries a 90-day license suspension, it is not a drunk driving charge. It simply means that TF was drinking alcohol and drove, which is illegal given the fact that he was not yet 21. Not only was TF able to avoid the stigma of a drunk driving conviction, he also avoided the lengthy and costly court-ordered alcohol counseling associated with the original charges and was also able to avoid the ignition interlock device (IID) installation. His bright and promising future remains fully intact.
Thursday, March 7, 2013
Attorney Matt Murray Obtains Outstanding Results in 3 Separate Cases
Case #1: OWI -1st/PAC-1st (with .172 Blood Test) Reduced to Reckless Driving
When GG first came to us he was devastated by his recent drunk driving arrest. He was only a few months away from graduating as an electrical lineman, a well-paying field in which GG would work on power lines throughout Wisconsin. An OWI conviction would make it so GG would never be hired in the field that he had spent years studying. The facts of GG's case initially looked very bleak. He was stopped for a burnt out headlight as he was coming back from a downtown bar area at 2:25AM. The officer observed an open beer can in the car and then claimed GG failed the field sobriety tests. A blood test came back indicating that GG’s blood-alcohol concentration was .172. GG contacted our firm to save his career and Attorney Matt Murray was tabbed for this very important assignment. Matt got to work right away laying the groundwork for what would become a very successful defense. After thoroughly questioning the arresting officer about the field sobriety tests at GG's administrative suspension hearing, Matt carefully planted the seeds for a legal challenge to whether the officer even had grounds to administer the tests to GG in the first place. Matt filed a motion to this effect, relying on the officer's testimony at the suspension hearing. As the motion hearing approached, the prosecution filed response briefs to the motions filed by Matt. The same day, Matt sent reply briefs of his own. This process happened multiple times in the days preceding the hearing, but Matt was determined to not let the prosecutor get the upper hand. The prosecutor never did. In fact, immediately before the motion hearing, Matt was able to negotiate an outstanding result. The prosecutor agreed to drop the drunk driving charges. In exchange, GG agreed to plead no contest to Reckless Driving, a non-alcohol-related driving ticket carrying no loss of license. GG's career was saved. Another very real result, and another very happy client.
Case #2 : OWI-3rd (with .240 Blood-Alcohol Concentration) Reduced to OWI-1st with Minimum Penalties and Avoidance of Ignition Interlock Device
Not realizing that drunk driving cases can actually be fought and won, SE plead guilty to his second OWI years ago without the help of an attorney. When SE picked up a third offense, he knew he was going to need the help of a very skilled attorney. The stakes were just too high. SE contacted Attorney Matt Murray. Utilizing his in-depth knowledge of the intricacies of DUI defense, Matt was able to successfully attack SE's second offense OWI from years before. This was a huge victory because SE’s first offense was more than ten years ago, making it too old to count. As a result, SE's third offense suddenly became a first, with no possibility of jail time or any of the other extremely harsh consequences associated with a third offense.
Due to his very high alcohol concentration of .24, however, SE was still facing a long license revocation, ignition interlock device, and a stiff fine, even though the case was now just a first offense. But Matt wasn't finished. As it turns out, the blood draw was captured on video and it showed the phlebotomist not following proper procedure. Matt then challenged whether or not the blood test could be used at trial, along with some other motions, and a deal was struck with the prosecution to have SE plead to the absolute minimums for an OWI-1st. This meant that SE not only avoided the third offense penalties, he also avoided the ignition interlock device and received the absolute minimum license revocation and fine for a first offense. Highly specialized knowledge and relentless advocacy: The cornerstones of our practice.
Case #3: No Conviction Where Client Was Alleged To Have Resisted Arrest Causing An Officer To Suffer A Dislocated Hip, Fractured Femur, And A Torn Labrum
When GG first came to us he was devastated by his recent drunk driving arrest. He was only a few months away from graduating as an electrical lineman, a well-paying field in which GG would work on power lines throughout Wisconsin. An OWI conviction would make it so GG would never be hired in the field that he had spent years studying. The facts of GG's case initially looked very bleak. He was stopped for a burnt out headlight as he was coming back from a downtown bar area at 2:25AM. The officer observed an open beer can in the car and then claimed GG failed the field sobriety tests. A blood test came back indicating that GG’s blood-alcohol concentration was .172. GG contacted our firm to save his career and Attorney Matt Murray was tabbed for this very important assignment. Matt got to work right away laying the groundwork for what would become a very successful defense. After thoroughly questioning the arresting officer about the field sobriety tests at GG's administrative suspension hearing, Matt carefully planted the seeds for a legal challenge to whether the officer even had grounds to administer the tests to GG in the first place. Matt filed a motion to this effect, relying on the officer's testimony at the suspension hearing. As the motion hearing approached, the prosecution filed response briefs to the motions filed by Matt. The same day, Matt sent reply briefs of his own. This process happened multiple times in the days preceding the hearing, but Matt was determined to not let the prosecutor get the upper hand. The prosecutor never did. In fact, immediately before the motion hearing, Matt was able to negotiate an outstanding result. The prosecutor agreed to drop the drunk driving charges. In exchange, GG agreed to plead no contest to Reckless Driving, a non-alcohol-related driving ticket carrying no loss of license. GG's career was saved. Another very real result, and another very happy client.
Case #2 : OWI-3rd (with .240 Blood-Alcohol Concentration) Reduced to OWI-1st with Minimum Penalties and Avoidance of Ignition Interlock Device
Not realizing that drunk driving cases can actually be fought and won, SE plead guilty to his second OWI years ago without the help of an attorney. When SE picked up a third offense, he knew he was going to need the help of a very skilled attorney. The stakes were just too high. SE contacted Attorney Matt Murray. Utilizing his in-depth knowledge of the intricacies of DUI defense, Matt was able to successfully attack SE's second offense OWI from years before. This was a huge victory because SE’s first offense was more than ten years ago, making it too old to count. As a result, SE's third offense suddenly became a first, with no possibility of jail time or any of the other extremely harsh consequences associated with a third offense.
Due to his very high alcohol concentration of .24, however, SE was still facing a long license revocation, ignition interlock device, and a stiff fine, even though the case was now just a first offense. But Matt wasn't finished. As it turns out, the blood draw was captured on video and it showed the phlebotomist not following proper procedure. Matt then challenged whether or not the blood test could be used at trial, along with some other motions, and a deal was struck with the prosecution to have SE plead to the absolute minimums for an OWI-1st. This meant that SE not only avoided the third offense penalties, he also avoided the ignition interlock device and received the absolute minimum license revocation and fine for a first offense. Highly specialized knowledge and relentless advocacy: The cornerstones of our practice.
Case #3: No Conviction Where Client Was Alleged To Have Resisted Arrest Causing An Officer To Suffer A Dislocated Hip, Fractured Femur, And A Torn Labrum
It is rare that our firm handles a case that is not drunk driving in nature. Occasionally, however, a former client or friend of the firm may have a friend or family member who could use our help in some other type of criminal case. This is how we came to represent ES, who was alleged to have struggled with three officers trying to arrest him for failing to submit to a preliminary breath test after he was suspected of underage drinking. During the struggle, one of the officers suffered serious injuries, including a dislocated hip, a fractured femur, and a torn labrum. The District Attorney’s Office charged ES with the crime of resisting an officer and took a very hard-line approach to the case, as they do whenever an officer is injured like this.
Attorney Matt Murray knew the District Attorney’s Office would be looking for a significant jail sentence, probation, and restitution. The insurance company that paid for the officer’s disability compensation and medical expenses was seeking $25,201.00 in restitution and could potentially sue ES in civil court for even more.
Matt knew full well that if there was restitution being requested that the District Attorney’s Office would do whatever it could to get a conviction so probation could be imposed. Probation would permit an agent to monitor ES and make sure he paid back the restitution to the insurance company. But Matt negotiated a remarkable settlement with the insurance company for less than a fifth of what was requested, saving ES and his family more than $20,000.00 in the process.
With the restitution skillfully taken care of, Matt next set his sights on the criminal case itself. He negotiated extensively with the prosecutor and was able to convince him to agree that if ES participated in counseling once a month for six months that the entire case would be dismissed, a result that would have been considered nearly impossible when the case began. After months of extreme anxiety, ES and his family could not only stop worrying that ES would have to spend a significant period of time in jail, they could also breathe a sigh of relief that ES would not become a convicted criminal. A truly fantastic result.
Wednesday, March 6, 2013
February 4, 2013: OWI-1st (with .178 blood test result) Reduced to Minor Traffic Offenses
ALM is a skilled professional whose employment in her field requires her to have fully valid driving privileges. A law-abiding citizen her entire life, ALM never dreamed she would ever be arrested for anything, much less a potentially career-ending offense like drunk driving. After a night out with some friends, however, ALM learned that in this day and age just about anyone who drinks before they drive can be suspected of driving drunk if they have the misfortune of encountering the police. Shortly after leaving a bar, ALM quickly realized she shouldn't be driving, so she did what every responsible driver should do in such a situation. She stopped the car so that one of her friends could take over behind the wheel. Unfortunately, a sheriff's deputy witnessed ALM slow to a stop and pulled up behind her to see if everything was alright. One thing led to another and about 15 minutes later ALM was handcuffed in the back of a squad car, under arrest for driving drunk. The deputy took her to the local hospital for a blood draw and the alleged result was .178, more than twice the legal limit. Knowing she had to fight her case to save her career, ALM contacted a well-known law firm for help. She was immediately referred to Dennis Melowski, who had successfully represented a number of this firm's clients in the past. After months of intense negotiations with the prosecutor, Dennis was able to obtain a fantastic resolution for ALM. The drunk driving charges were dropped. In exchange, ALM agreed to plead no contest to two minor traffic offenses: Inattentive Driving and Improper Satnding of Vehicle. Aside from paying a fine, ALM suffered no consequences from her arrest. She never lost her license for a single day; avoided the costly and embarrasing ignition interlock device; and, most importantly, avoided the awful black mark of being a convicted drunk driver. She couldn't be happier.
Tuesday, February 12, 2013
January 31, 2013: Jury Finds Client Not Guilty in OWI-1st Case (with .186 Blood Test Result)
"How can you possibly help me when my blood test says I was legally drunk?" Without a doubt, this is the most common question we are asked when people call us to assess their drunk driving case. It's a fair question. Here's the answer. While most attorneys would look at a .186 blood test result as an insurmountable obstacle to a successful defense, the attorneys at Melowski & Associates know better than to blindly accept the validity of a testing process that can be rife with errors. From how the blood sample was drawn and packaged, to the police officer's handling of the specimen, to the factory-like processing of the sample at the over-worked lab, we have uncovered countless instances in which there was plenty of reason to doubt the test result. In turn, countless of our clients have avoided the life-altering stigma of a drunk driving conviction because they hired attorneys who are skilled enough to successfully counter evidence that most lawyers would run from.
This was the exact situation that Attorney Sarvan Singh was confronted with when SJK first called our office to discuss his case. SJK had crashed his motorcycle, receiving significant injuries in the process. While SJK was being treated by medical personnel at the scene, a state trooper arrived and began questioning him about drinking. In response, SJK made several very damaging statements. While he was being loaded into the ambulance, the trooper told him he was under arrest for drunk driving and that he would have to submit to a blood test at the hospital. The result of that test was devastating to SJK: .186, more than twice the legal limit of .08. After consulting with other attorneys who told him he had no chance, SJK called Melowski & Associates after being referred by a former prosecutor who simply gave SJK the following advice: "Don't waste your time or money hiring anybody but these guys." Although SJK was very disheartened by what he had been told by the other lawyers he had spoken to, he had to fight his case because his career depended on it.
After listening to SJK's version of events, and pouring over every police report and lab document he could get his hands on, Attorney Singh knew there was hope. Since the overconfident prosecutor was not interested in giving SJK any breaks (prosecutors, too, have blind faith in test results, usually to their detriment), Attorney Singh knew the case was destined for trial. He needed to get creative. First, he was able to craft a legal argument to convince the judge that the statements SJK made to the trooper at the scene of the crash should be thrown out because they were obtained illegally. Second, Attorney Singh found SEVERAL problems with the equipment the lab used to test SJK's blood. Third, in the middle of trial, Attorney Singh, in a blistering cross-examination, caught the trooper in a significant change to his story that was never documented in his report. It was a major turning point in the case because it cast significant doubt on the rest of the trooper's bogus claims. In the end, the jury rejected not only the trooper's testimony, but the tainted blood result, too. SJK was found NOT GUILTY of all charges and walked out of the courthouse completely exonerated. A few days later, SJK sent a letter to Attorney Singh that said the following:
This was the exact situation that Attorney Sarvan Singh was confronted with when SJK first called our office to discuss his case. SJK had crashed his motorcycle, receiving significant injuries in the process. While SJK was being treated by medical personnel at the scene, a state trooper arrived and began questioning him about drinking. In response, SJK made several very damaging statements. While he was being loaded into the ambulance, the trooper told him he was under arrest for drunk driving and that he would have to submit to a blood test at the hospital. The result of that test was devastating to SJK: .186, more than twice the legal limit of .08. After consulting with other attorneys who told him he had no chance, SJK called Melowski & Associates after being referred by a former prosecutor who simply gave SJK the following advice: "Don't waste your time or money hiring anybody but these guys." Although SJK was very disheartened by what he had been told by the other lawyers he had spoken to, he had to fight his case because his career depended on it.
After listening to SJK's version of events, and pouring over every police report and lab document he could get his hands on, Attorney Singh knew there was hope. Since the overconfident prosecutor was not interested in giving SJK any breaks (prosecutors, too, have blind faith in test results, usually to their detriment), Attorney Singh knew the case was destined for trial. He needed to get creative. First, he was able to craft a legal argument to convince the judge that the statements SJK made to the trooper at the scene of the crash should be thrown out because they were obtained illegally. Second, Attorney Singh found SEVERAL problems with the equipment the lab used to test SJK's blood. Third, in the middle of trial, Attorney Singh, in a blistering cross-examination, caught the trooper in a significant change to his story that was never documented in his report. It was a major turning point in the case because it cast significant doubt on the rest of the trooper's bogus claims. In the end, the jury rejected not only the trooper's testimony, but the tainted blood result, too. SJK was found NOT GUILTY of all charges and walked out of the courthouse completely exonerated. A few days later, SJK sent a letter to Attorney Singh that said the following:
"I can't say enough good things about Sarvan. During my trial, it became very evident how much time and research he had done in preparation for trial. I truly believe that, regardless of the outcome, there was no one better able to represent me."Never doubt the difference a top-notch attorney can make.
Thursday, February 7, 2013
January 28, 2013: OWI-1st/PAC-1st Reduced to Reckless Driving
Many of our clients hire us because of the profound consequences a drunk driving conviction will have on their jobs and their ability to find work in the future. That was certainly the case with LDJ, who was stopped and arrested in one of his company's trucks. LDJ is employed by a well-known window company as a supervisor-installer. It's a job he's had for several years and he is regarded as a valued employee. But company policy is pretty clear cut. If you get convicted of drunk driving, especially if the incident involves a company-owned vehicle, you're out of a job. LDJ simply could not afford to do anything but fight the case. So LDJ gave Dennis Melowski a call after being referred by a friend. When Dennis first looked at all of the evidence, it looked like LDJ might have an uphill battle, since he was called in by another driver who gave a detailed statement to the police about how dangerously LDJ was supposedly driving. This was on top of both a roadside breath test and police department breath test that were over the legal limit. But after Dennis thoroughly questioned the arresting officer at LDJ's suspension hearing, things began to quickly improve. As it turns out, the arresting officer followed LDJ a considerable distance after receiving the complaint from the other driver and noticed no problems at all with LDJ's driving. The officer simply decided to "check him out" just in case. This admission by the officer provided Dennis some much-needed ammunition to raise a potential legal challenge to LDJ's initial stop. Other problems in the case soon became apparent. The officer's own squad video showed LDJ doing a very good job on the field sobriety tests, casting significant doubt on the other driver's claims that LDJ was so intoxicated that he was "all over the road." In the end, Dennis made it apparent to the prosecutor that a conviction on the drunk driving charges would be difficult. Dennis negotiated a very favorable resolution for LDJ. The drunk driving charges were dropped. Instead, LDJ plead no contest to a reduced charge of Reckless Driving, which is a non-alcohol-related traffic offense that carries no loss of license. LDJ just had to pay a fine that was about half the amount of the one he had been facing. More importantly, by avoiding a drunk driving conviction, LDJ kept his job and his career is thriving. Another very satisfied client.
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