Tuesday, December 18, 2012

November 29, 2012: OWI-1st (with .12 Blood Test Result) Reduced to Minor Speeding Ticket

For the last 7 years, KJB has enjoyed a great job with a large heating and cooling company as a commercial installer. The job requires KJB to drive a company van and travel extensively throughout Wisconsin and the adjoining states. The job pays well and has great benefits, but it also requires KJB to possess fully valid driving privileges at all times. The mere hint of a drunk driving conviction would result in KJB's immediate termination, despite his value to the company. This is because the company's insurance carrier forbids access to company vehicles or equipment for anyone with a DUI charge on the record. In this economy, no one can afford to be jobless. It's just too hard to find good work. So when KJB was stopped for speeding, failed the field sobriety tests and produced a .12 on his blood test, he was highly motivated to do whatever he could to avoid a drunk driving conviction--and save his job. Fortunately, a friend of KJB's was a former client of Dennis Melowski and urged KJB to give Dennis a call. KJB's friend assured him that if anyone could help, it would be Dennis. KJB took his friend's advice and hired Dennis. Almost immediately, Dennis laid the groundwork for the successful defense of KJB's case. Through meticulous questioning of the arresting officer at KJB's administrative suspension hearing, Dennis exposed some significant deficiencies in the officer's investigation of KJB. From procedures that weren't followed properly to a laundry list of things the officer would have expected to see but did not, Dennis severely undercut the strength of the officer's case against KJB. These holes in the case were eventually brought to the attention of the prosecutor in the form of legal challenges Dennis filed and in persistent negotiations with the prosecutor. Ultimately, just days before the second round of motion hearings in the case, the prosecutor realized that the prospect of a drunk driving conviction was in grave doubt. An incredible deal was reached. The drunk driving charges were dropped. In exchange, KJB agreed to a no contest plea to the most minor speeding infraction (1-10mph over the limit). He paid a fine of $175.30, but otherwise suffered no consequences. He never lost his license for even a single day and avoided the awful stigma of being a convicted drunk driver. And he still has his job.