Tuesday, June 21, 2011
We are almost to the half-way point of 2011 and a remarkable total of 16 Melowski & Associates clients have had their original DUI charges dismissed or reduced to non-alcohol-related offenses this year. Several others have been resolved in other very successful or creative ways (see June 9 blog entry, for example). A torrid pace, indeed!
In Town of B. v. M.P., the client's original charge of OWI-1st (.12 test result) was reduced to a municipal ordinance violation that was non-traffic related. The remaining charge of PAC-1st was dismissed. The client paid a fine, but otherwise suffered no consequences, including no trace of this incident on his driver record. This was critical for this client given his employment as an over-the-road truck driver for the past 23 years.
Attorney Dennis Melowski obtained an absolutely amazing result for his client in an OWI-7th case. In 99% of cases, this charge alone would carry a lengthy prison sentence if convicted. But the client was in even bigger trouble when he first hired Dennis. In addition to his OWI-7th charge (a serious felony), the client was also facing charges of: PAC-7th (.189 blood test result), Felony Bail Jumping, Disorderly Conduct, Criminal Damage to Property, Possession of THC, Possession of Drug Paraphernalia and Refusal of Chemical test. This was an aggravated case not only because of the nature and extent of the charges, but also because the client was allegedly VERY uncooperative with the police. Despite virtually every possible card stacked against him, however, Dennis was able to raise several novel legal challenges. After relentless litigation of numerous pre-trial issues, Dennis negotiated a stunning resolution. In exchange for his client pleading no contest to the OWI-7th offense and Possession of THC charges, all remaining charges were dismissed. But that's not the best part. The prosecutor promised (and the judge adopted) a 7-month jail sentence with work release; no probation; minimum license revocation of 24 months; and forfeiture of the defendant's previously- posted cash bail as full satisfaction of the fine. What's more is that the judge and prosecutor agreed to back-date the client's license revocation to the point that he would only have a 45-day wait for an occupational license, instead of the one-year wait he had originally been facing. After witnessing this outcome in court, another attorney stated to Dennis that this was probably the best sentence he had ever seen in 20-plus years of being a lawyer.
In the case of State of Wisconsin v. B.W., Attorney Sarvan Singh obtained complete vindication for his client when the jury found him Not Guilty of both OWI-2nd and PAC-2nd. Despite having to contend with a .20 blood test result, Attorney Singh was able to severely compromise the State's case through very effective cross-examination of the arresting officer and shrewd trial tactics.
In State of Wisconsin v. I.M., Attorney Sarvan Singh filed a motion to suppress all of the evidence in his client's case due to the illegal actions of the police. After a very contentious hearing in which the officers were grilled extensively by Attorney Singh, the judge ruled in the client's favor and ordered all evidence thrown out. This would include the results of the field sobriety tests, the blood test result, statements made by the client and the marijuana and drug paraphernalia the police found on the client when they searched him. It will only be a matter of time before all charges against this client will be dismissed.
In County of W. v. M.K., the original charge of OWI-1st was reduced to the minor traffic offense of Inattentive Driving. This is a non-alcohol related offense that carries no loss of license. The remaining charges of PAC-1st and Failure to Notify Police of Accident were dismissed completely. The client paid a small fine, but otherwise suffered no consequences as a result of this incident.
At the jury trial of County of W. v. J.N., the jury found the client Not Guilty of both OWI-1st (.11 breath test result) and PAC-1st. During the trial, Attorney Dennis Melowski was able to not only overcome the prosecution's key piece of evidence (the officer's squad video), he was able to completely turn the tables on the prosecutor and use the video to his client's advantage. Using the video, Dennis was able to catch the officer red-handed in several breaches of protocol, in addition to exposing obvious contradictions between what the officer testified to in court and what was actually on the video. By the end of the trial, the jury had obviously had enough of the officer's half-truths. As a result of the jury's Not Guilty verdicts, both charges were completely dismissed. Client was completely exonerated and walked away from this case as if it had never even happened in the first place.
The client in County of M. v. A.J. was found Not Guilty of OWI-1st (.16 breath test result), PAC-1st and was even found Not Guilty of the companion Speeding charge that was the original reason for the stop. Dennis Melowski was able to thoroughly destroy the arresting officer's credibility on almost every key issue in the case. Of particular effectiveness was the use of the officer's reports from other arrests he had made. These were used on cross-examination to substantially undermine the truthfulness of some of the officer's claim's in the client's case. Client was completely vindicated on all charges.
In County of B. v. M.L., the client was charged with OWI-1st (.13 blood test result), PAC-1st, Operating Left of Center and Failure to Keep Vehicle Under Control. Through some very innovative lawyering, and even more innovative negotiating tactics, what looked to initially be a very strong case case for the prosecution turned out to be anything but. In fact, after going over the head of the assigned prosecutor to the District Attorney himself, Dennis Melowski was able to negotiate a resolution where the OWI and PAC charges were completely dismissed. The client plead no contest to the two remaining minor traffic tickets and paid a small fine. The client avoided any revocation of his license and has no trace of an alcohol-related incident on his driver record.
After fighting with the prosecution for more than a year in the case of State of Wisconsin v. L.B., expert lawyering finally won the day. By raising countless legal and factual challenges, the case was weakened sufficiently that the prosecutor did not believe she could obtain a conviction at trial on the original charge of Operating While Impaired by Drugs. The case was resolved by the client pleading No Contest to a reduced charge of Reckless Driving. She suffered no loss of license and, more importantly, was able to avoid the stigma of having a drug-related driving conviction on her record.
In State of Wisconsin v. A.G., two motions were filed on behalf of the client seeking suppression of all evidence against the client due to illegal actions by the police. After a hearing was held, the judge agreed with the defense motions and all evidence was ordered thrown out, thereby making a conviction impossible. The judge ordered the charges of OWI-2nd (with a .188 blood test result) and PAC-2nd to be dismissed completely. The client walked away from the case completely exonerated.
In Town of W. v. M.S., the client was involved in an accident and received four charges: OWI-1st, PAC-1st, Hit and Run, and Failure to Notify Police of an Accident. Through intense investigation and litigation, the prosecution's case began to crumble, to the point that it was obvious they wouldn't be able to obtain a conviction on the drunk driving charges. A deal was negotiated where the original OWI-1st charge was reduced to Reckless Driving. The remaining charges of PAC-1st and Hit and Run were dismissed. The client completely avoided an alcohol-related driving conviction and suffered no suspension or revocation of his driving privileges. This was critical for this client given his commercial driver status.
On the morning of the jury trial in State of Wisconsin v. D.D, Dennis Melowski exposed so many weaknesses in the State's case against his client that the prosecutor agreed to reduce the original charge of OWI-3rd (with a .233 blood test result) to the non-traffic misdemeanor offense of Negligent Operation of a Motor Vehicle. The reduced charge will not even appear on the client's driver record. The remaining charge of PAC-3rd was dismissed. Client completely avoided any revocation of his driver's license. Case was resolved with one year of probation.
At the jury trial of County of S. v D.J., Attorney Sarvan Singh was so successful in dismantling the County's case against his client that the prosecutor offered to reduce the OWI charge (with a .13 blood test result) to Reckless Driving---in the middle of trial. The remaining charge of PAC-1st was dismissed. The client suffered no revocation of her license and completely avoided an alcohol- related conviction.
During the jury trial of State of Wisconsin v. S.F., attorney Dennis Melowski damaged the State's case against his client so heavily that the prosecutor agreed to reduce the original charge of OWI-1st (with a .17 breath test result) to the minor traffic offense of Inattentive Driving. The remaining charge of PAC-1st was dismissed completely. The client paid a fine, but completely avoided an alcohol-related driving conviction and never lost his license for one day.
In State of Wisconsin v. C.C., the original charge of OWI-2nd (with a .17 blood test result) was reduced to the non-traffic misdemeanor offense of Negligent Operation of a Motor Vehicle. This charge will not even appear on the client's driver record. The remaining charge of PAC-2nd was dismissed. Client completely avoided any revocation of his driver' license. Case was resolved with one year of probation.
In County of S. v. C.S., the original charge of OWI-1st was reduced to Reckless Driving and the remaining charge of PAC-1st was dismissed completely. Client avoided an alcohol-related driving conviction and never lost her license for one day.
In City of A. v. D.K., charges of OWI-1st and PAC-1st were reduced to the minor traffic offenses of Speeding and Defective Speedometer. Client completely avoided any type of alcohol-related driving conviction and never lost his license for one day.
As a simple internet search will quickly reveal, there are many, many lawyers in Wisconsin who claim to handle DUI cases. But how good are they? What types of results do they get in their cases? A lot of lawyers will successfully camouflage a poor or mediocre track record by talking about how "experienced" they are or how many cases they have "handled", without telling you how many cases they have actually won. At Melowski & Associates, we take a different approach. We have a record of success in defending DUI cases that cannot be matched, by anyone. This is why we created the Real Results Tracker---so you can see for yourself.