Monday, April 29, 2013

April 12, 2013: Complete Dismissal of OWI-2nd Offense with .09 Test Result

Our client, WK, was initially stopped for "deviating within her own lane" after a sheriff's deputy followed her for some time on the interstate. After smelling alcohol on her breath, the deputy had WK perform some roadside sobriety tests (on video), which she supposedly failed. After her arrest, she was taken to the sheriff's department for a breath test, with an alleged result of .09. Unfortunately for WK, this was her second such arrest in the last 12 months and she was charged criminally with an OWI-2nd. If convicted, she was facing mandatory jail time of about 60 days in this particular county, along with a 14-month license revocation, ignition interlock installation and a hefty fine. Even worse, because WK's prior arrest occurred within the last 12 months, she would be completely ineligible for an occupational license if convicted. After much research interviewing attorneys, WK chose Dennis Melowski for the important task of saving her from these horrible consequences.

At Melowski & Associates, our attorneys will utilize any crack they can find in a client's case to gain an advantage. It's an important part of what makes us so successful and is a key distinction between our firm and others. Sometimes these cracks can be found where you least expect them. WK's case is a perfect example of this.  Early on in the case, Dennis seized on an opportunity to protest to the judge that some important evidence in WK's case was not turned over to him, despite Dennis' specific request for it. After several months of litigating this issue, the prosecutor disclosed that the evidence Dennis had been seeking had not been preserved. This fact, combined with some other difficulties the prosecutor was having with a key witness in the case, led to a complete dismissal of all charges against WK. It was the best possible result she could have hoped for and she couldn't be happier.