Friday, March 9, 2012
March 7, 2012: Complete Acquittal in OWI-1st Case---Another Exonerated CDL Client to Add to the List
JRW's case is yet another victory for a CDL client--the 11th time in just 13 months that a Melowski & Associates CDL client has avoided a drunk driving conviction. Due to a particularly stubborn prosecutor, this case went all the way to a jury trial. After all, the prosecutor thought he had a slam-dunk case. JRW had been stopped for going 78mph in a 55mph zone. He supposedly "failed" the field sobriety tests (on camera), had a roadside breath test result of .21 and another .13 breath test result at the police station. Plus, JRW suppossedly admitted to the officer that "this was all my fault." In short, the prosecutor felt very confident going into trial. But after Dennis Melowski caught the police witnesses red-handed in several serious breaches of protocol and contradictions in their stories, the wheels quickly fell off the prosecutor's bus. By using the arresting officer's own squad video, Dennis completely turned the tables against him, severely damaging his credibility. Things were even worse for the breath test cop. By the end of Dennis' relentless cross-examination, the officer's credibility was so undermined that he simply began answering "I can't remember" to every question Dennis asked. The jury was literally smirking by this point. And the speed of the jury's Not Guilty verdicts (just 34 minutes) showed their complete rejection of the prosecutor's claims. JRW walked out of the courthouse completely exonerated.