Friday, February 24, 2012
February 20, 2012: OWI-1st Reduced to Inattentive Driving; Yet Another CDL Client Avoids Drunk Driving Conviction
DGS finally found the job he had been looking for, as a truck driver for a local trucking company. The job paid well and had good benefits. At 27, DGS was embarking on a promising commercial driving career. Unfortunately, the job that DGS worked so hard to get was in serious jeopardy the night of August 20, 2011, when DGS was stopped for speeding (67 in a 50 mph zone). After smelling alcohol, the officer had DGS submit to field sobriety tests and a roadside breath test, all of which DGS allegedly failed. The officer then took DGS for a blood test, which came back over the legal limit. DGS's world seemed like it was crumbling. His license was scheduled to be automatically suspended in 30 days due to the blood test result and his commercial privileges would be disqualified. He would lose his job immediately. Fortunately, DGS hired Dennis Melowski with enough time to convince the assigned judge to stay the automatic suspension so DGS could fight his case. This was no easy feat. The prosecutor objected to the stay of suspension and a contested hearing had to be held. But Dennis and Attorney Singh were very persuasive and convinced the judge it was the right thing to do. And they were right. Despite what initially seemed like a strong case against DGS, many holes in the case were exposed as time went on. From the initial reason for the stop through the blood test procedure, numerous flaws were exposed, so much so that the prosecutor became convinced that a conviction on the original charges was unlikely. Dennis was able to negotiate an outstanding deal for DGS. In exchange for the 2 alcohol related charges being dropped, DGS would plead no contest to the non-alcohol-related, minor traffic offense of Inattentive Driving. This offense carries only 4 points and does not result in any supension or revocation of license. Most importantly, though, it would have no impact whatsoever on DGS's commercial privileges. DGS agreed to pay a fine and perform 20 hours of community service, but otherwise suffered no consequences from this offense. And he still has his job. This case marks the tenth time in the last 12 months that a Melowski & Associates CDL client has avoided a drunk driving conviction. No other firm in the state can demonstrate that type of success.