Tuesday, April 24, 2012

April 10, 2012: The Firm's Amazing Streak Continues: Another CDL Client Avoids Drunk Driving Conviction

When DAH's drunk driving charge was reduced to the minor traffic offense of Inattentive Driving, he became the twelfth Melowski & Associates CDL client in the last fourteen months to successfully avoid the career-ending consequences of a drunk driving conviction. This truly remarkable streak is one that no other firm in the state can come close to matching. So how did DAH's fantastic result come about? We knew from the beginning that this was a case that would have to be fought every step of the way, given the fact that DAH was employed as a commercial truck driver for a recycling company. His company had made it clear that any type of suspension or disqualification of his driving privileges would result in his immediate termination. This meant quick action had to be taken to prevent the administrative suspension the DOT would impose just thirty days after DAH's arrest. Fortunately, Dennis Melowski knows exactly what needs to be done in this type of situation and was able to convince the judge to stay the suspension pending the outcome of the case in court. The stay of suspension turned out to be critical since Dennis ended up slugging the case out in court with the prosecutor for a full year. From a contested municipal court trial to an appeal to circuit court, Dennis kept fighting for DAH until finally, just a few days before DAH's scheduled jury trial, the prosecutor decided he had had enough. Dennis had exposed enough weaknesses in the prosecutor's case that the prosecutor believed a conviction in front of a jury was in real jeopardy, especially given what he knew of Dennis' record of success in jury trials. An outstanding deal was reached. DAH's original charge of OWI-First Offense was reduced to the non-alcohol-related, minor traffic offense of Inattentive Driving. The remaining charge of PAC-First Offense (due to DAH's .11 breath test) was dismissed entirely. Aside from paying a fine, DAH suffered no other penalties. He never lost his license for a single day and his commercial privileges were completely spared. He kept his job as if this unfortunate incident never happened. Yet another incredibly satisfied client.