Wednesday, November 9, 2011

November 7, 2011: Complete Acquittal in OWI-5th Case

Prison is terrifying. Living in a restricted and confined space, for years at a time, away from your loved ones, is a frightening prospect. And that was exactly what GSK was facing when he contacted our office. GSK was charged with a Felony OWI -5th Offense, where his blood alcohol level was .136. Felony OWI's are difficult to defend because the blood alcohol limit goes from the standard .08 level down to .02, making the State's case much easier to prove. On top of this was GSK's realization that the State was insisting on a prison sentence, as GSK's arrest occurred in a county notorious for handing down harsh sentences in felony OWI cases.  GSK was beside himself. Prison would mean losing his job, his home, his freedom, and potentially his family. While preparing for trial, Attorney Singh noticed a potentially serious error in the blood test. He sat down with Attorney Melowski and they drafted a game plan for trial. On the day of trial, Attorney Singh executed the plan flawlessly. The defense caught the prosecutor completely off guard, to the point that the judge threw out GSK's blood test result in the middle of trial. More significantly, the judge instructed the jury to completely disregard all testimony from the State's blood test expert because of the significant problem Attorney Singh exposed with GSK's blood test. The jury came back in 10 minutes with a verdict of 'not guilty'. The client was reduced to tears of happiness and relief when the verdict was read. He had spent the last 9 months preparing for the prospect of prison. He thought his life, as he had known it, was over. However, because of Attorney Singh's diligence GSK enjoyed the rest of the week working on his farm and spending time with his family--completely exonerated.