Friday, July 8, 2011

July 6, 2011: OWI-1st Reduced to Reckless Driving

In County of S. v. J.R., the original charge of OWI-1st was reduced to Reckless Driving and the remaining charge of PAC-1st (.10 blood test result) was dismissed. The client paid a $375.00 fine, but otherwise suffered no consequences as a result of this incident. The client avoided an alcohol-related conviction and never lost his license for even one day. This outstanding result came about due to aggressive litigation of the legality of the client's arrest. After Attorney Melowski's cross-examination of the arresting officer at a motion hearing, the judge made several pointed comments to the prosecutor about the weakness of the prosecution's case, prompting this resolution. Because the client's job with the county highway department required him to have a valid commercial driver's license, a conviction on either of the original charges would have resulted in his immediate termination. The successful outcome in this case saved the client's 15-year career with the highway department. Needless to say, he was thrilled.