Thursday, June 14, 2012

June 4, 2012: Successful Jurisdictional Attack of Client's Prior OWI Conviction; OWI-3rd Reduced to OWI-1st

We all make mistakes when we're young. It happens to the best of us. When that mistake is a drunk driving conviction, that mistake stays with you forever. That's the backdrop for State of WI v. SAP. Back in 1993, SAP picked up two OWI's within a month of each other. SAP was very young at the time and plead guilty to both charges, not realizing the grave future consequences of this action. He thought his past was behind him. In fact, eighteen years went by without SAP having as much as a speeding ticket on his record. Then, one bad decision earlier this year led to SAP being arrested again for OWI. Despite the age of his prior cases, they would still count under Wisconsin's tough drunk driving laws. SAP was being charged with his third offense, where he was facing substantial jail and license revocation time along with a hefty fine. SAP was distraught to learn that those earlier drunken driving convictions were still on his record and being used against him 18 years later. However, Attorney Singh delved deep into those early convictions. He discovered that one of the convictions was entered erroneously and should not be counted. Attorney Singh filed a motion to dismiss one of the convictions, which the judge granted. This meant that SAP's third OWI was converted to a first offense, substantially reducing the fine, taking the license revocation time down from 3 years to 9 months, and completely eliminating the mandatory jail sentence, which would have been several months. SAP was overjoyed with gratitude at the fantastic result Attorney Singh was able to achieve. 

This case is a perfect example of the strict attention to detail the clients at Melowski & Associates continually receive in the defense of their cases. No stone goes unturned in the relentless pursuit of exceptional results. It's what separates the good lawyers from the great ones.