Friday, October 26, 2012
September 28, 2012: Complete Dismissal of OWI-1st Case with .13 Breath Test Result
Persistence pays off. This is a principle the attorneys at Melowski & Associates steadfastly adhere to. It also aptly summarizes the outcome in County of M v. TAG. TAG was stopped for allegedly speeding, in one of the most notoriously aggressive counties in the state in enforcing drunk driving laws. After the administration of field sobriety tests, TAG was arrested and provided a breath sample revealing an alcohol level of .13. She was devastated. She immediately thought her career was finished. Fortunately, a friend told TAG she knew of a great DUI defense attorney by the name of Sarvan Singh, with Melowski & Associates. Because TAG needed to avoid a drunk driving conviction at all costs, she hired Sarvan to save her career. Sarvan began by examining the evidence against TAG. As he watched the officer's squad video, Sarvan could not understand how TAG was arrested in the first place. TAG passed every single field sobriety test. Sarvan knew something must have been amiss. He looked more closely and noticed an issue with the breath test itself. Armed with this ammunition, Sarvan prepared the case for trial. In fact, he prepared for trial on several separate occasions. The problem was that each time Sarvan was ready to go, the prosecution wasn't. Although this was a first offense, the continued delays meant TAG was being denied Due Process, one of the fundamental principles of our justice system. Sarvan sat the prosecutor down and laid out all the problems with the case. Based on what Sarvan revealed, along with the County's continued delays, the prosecutor agreed to dismiss the case and not refile the charges. Needless to say, TAG was thrilled. Her life was on hold for nearly two years, but the end result was worth it. Persistence pays off indeed.