Thursday, May 17, 2012

May 4, 2012: OWI-1st Reduced to Non-Traffic County Ordinance Violation

Our client, JFK, was stopped in a Walmart parking lot after an off-duty sheriff's deputy called 911 to report that he was driving erratically. After failing the field sobriety tests on camera, JFK was arrested and taken to the local hospital for a blood draw, analysis of which showed a .153 blood alcohol level. JFK was devastated. He knew what this meant for his career as a commercial truck driver in the food service industry, the only job he had known for the last 15 years. Being a stand-up guy, JFK informed his company of his arrest. The reward for his honesty? The company let him go on the spot. JFK thought he would never drive commercially again. He knew he had to find the best attorney possible if he ever wanted to salvage his commercial driving career. After an extensive search, JFK hired Dennis Melowski. Dennis got to work immediately to lay the groundwork for JFK's defense. His efforts paid off. At JFK's administrative suspension hearing, the off-duty deputy who called JFK in made a seemingly harmless admission in response to questioning. But Dennis knew it was more than that. The admission actually corroborated a key claim by JFK that provided the entire basis of his defense.  Dennis sat on this key development until just the right time---the day before JFK's scheduled jury trial. Dennis' disclosure caused the prosecutor to believe that a conviction on the original charges was in serious doubt. A fantastic deal was reached. The original OWI and PAC charges were dropped. Instead, JFK plead no contest to a local county ordinance violation that was non-alcohol-related and would not appear on JFK's driver record. Both his regular and commercial driving privileges were completely spared. JFK paid a fine but otherwise suffered no consequences from this incident. And the best news? When JFK told his former company that he was not convicted of drunk driving, they hired him back. On the spot. Another commercial driving career saved.