Tuesday, June 11, 2013
June 3, 2013: OWI-3rd Reduced to OWI-1st Based Upon Successful Attack of Prior Conviction
As the sole proprietor of his own excavating company, DK relied heavily on his commercial driving privileges to make a living. He needed a commercial driver's license (CDL) to operate all of the heavy equipment essential to his business. But when DK picked up a third offense drunk driving charge, he was facing lifetime disqualification of his commercial driving privileges. A conviction would put him out of business... for good. If that weren't enough, he was also facing a substantial jail sentence; a fine of several thousand dollars; mandatory ignition interlock device (IID) installation in any vehicle he owned or operated for 2 to 3 years; and revocation of his regular driving privileges for 2 to 3 years. The stakes couldn't get much higher for DK and he needed Wisconsin's very best drunk driving defense attorney to help. After much research, and after hearing Dennis Melowski's name mentioned by several other lawyers as the best in the state, DK made his decision to hire Dennis. And Dennis delivered in a big way. By finding a flaw in DK's second offense from several years earlier, Dennis was able to file a motion with the judge to throw out the prior conviction. Shortly before the hearing on this motion was scheduled to start, Dennis was able to convince the prosecutor to agree that DK's second conviction shouldn't count. Because DK's first offense then became too old to count under Wisconsin law, DK's third offense suddenly became a first. With this fantastic result, DK avoided the lifetime disqualification of his commercial driving privileges; avoided a several month jail sentence; avoided the IID installation; his license revocation went from 28 months to just 7 months; and his fine went from $2,000.00 all the way down to $700.00. Needless to say, DK couldn't have been happier.