Tuesday, June 4, 2013

May 20, 2013: OWI-4th (with .107 Blood Test Result) Reduced to Non-Traffic Misdemeanor with No Jail and No License Revocation

When KJO picked up his fourth offense drunk driving charge, he knew how serious it was. A fourth offense carries some very stiff penalties. In the county where he was arrested, KJO was facing a 6 month jail sentence; license revocation of at least 2 years; a fine that would likely be thousands of dollars; ignition interlock device installation for several years; and lengthy and costly alcohol counseling. These were penalties KJO simply couldn't bear, as he was still getting himself back on his feet from his third offense. Fighting the case was his only viable option and he selected Dennis Melowski for this all-important task. It turned out to be one of the best decisions in KJO's life. After exposing a major weakness in the State's case at a motion hearing before the judge, Dennis laid the groundwork for a fantastic resolution. At the conclusion of the hearing, even the judge expressed skepticism that the prosecutor would be able to prove her case. Walking out of the courtroom that day, Dennis proposed a settlement of KJO's case to the prosecutor that would completely avoid a drunk driving conviction for KJO. Knowing the damage that Dennis had already done to her case at the hearing, the prosecutor reluctantly agreed. Under the terms of the settlement, the original charge of OWI-4th was reduced to the non-alcohol-related misdemeanor offense of Negliegent Operation of a Motor Vehicle, an offense that will not even appear on KJO's driver record and carries no license loss. The only penalty KJO suffered was an $800 fine. No jail. No probation. No IID device. No counseling. And nothing on KJO's driver record.  Another Real Result from Wisconsin's premier drunk driving defense firm and another very satisfied client.