Wednesday, August 28, 2013

Four More Clients Avoid Drunk Driving Convictions: The Firm's Most Successful Year Yet Continues

Case #1: OWI-1st (with .172 Blood Test Result) Reduced to Two Minor Traffic Offenses

Despite an accident and a blood test result more than twice the legal limit, our client, RAE, was spared the life-altering stigma of a drunk driving conviction thanks to the shrewd lawyering of Dennis Melowski. Although RAE's case initially looked like it would be very difficult, Dennis was able to lay the groundwork for a fantastic outcome with his careful questioning of the arresting officer at RAE's DOT suspension hearing, even convincing the DOT to not administartively suspend RAE while his case was pending in court. Due to the damage Dennis had done at the DOT hearing, the prosecutor knew a conviction on the original drunk driving charges would be a longshot. Dennis was able to convince the prosecutor to reduce the OWI charge to the minor traffic offense of Inattentive Driving. The PAC charge was reduced to the equally minor offense of Failure to Keep Vehicle Under Control. Aside from paying some small fines, that combined were still less than the drunk driving fines, RAE suffered no consequences. He never lost his license for a single day, avoided the costly and embarrasing IID device, and has no alcohol-related conviction on his record. A truly fantastic outcome.

Case #2: Complete Dismissal of OWI-1st Case with .11 Blood Test Result

There are certain professions where a drunk driving conviction can be particularly devastating. The medical profession is certainly one of them. From suspension of medical license to the loss of hospital privileges to irreperable damage to a hard-earned reputation, the stakes for doctors are particularly high. So when our client, MO, turned to his family attorney for advice in fighting his drunk driving charge, the attorney had only one piece of advice: "Call Dennis Melowski." It turned out to be one of the best decisions of MO's professional life. After fighting the case tooth and nail for more than a year, Dennis' relentless efforts finally paid off...the very day before MO's jury trial was set to begin. Due to a legal motion Dennis raised, he was able to convince the judge that the blood analyst the County planned on calling as a witness at the trial should not be allowed to testify. Without that witness, the blood test would not be admissible...and the County would have a very weak case. Faced with the choice of proceeding to trial without their key evidence or dismissing the case, the experienced prosecutor knew she had no choice. The charges were dismissed as if they never even happened in the first place. It was the best possible outcome MO could have hoped for. His hard-earned reputation is fully intact.

Case #3: OWI-1st (with .08 Blood Test Result and THC Present) Reduced to Inattentive Driving

Defending a drunk driving case where the blood test result is over the legal limit can be hard enough. Defending such a case where there are both  drugs and alcohol involved is twice as hard. This is exactly the situation presented to us by our client, MF. With an alcohol level of .08 and marijuana present in his blood, things initially looked very bleak for MF. But after Dennis Melowski exposed numerous shortcomings in the police investigation, the veteran prosecutor knew that Dennis would be able devastate the case if it went to trial. Rather than risk a complete loss, the prosecutor agreed to a fantastic resolution. The OWI, PAC and Restricted Controlled Substance (RCS) charges were all dropped. Instead, MF entered a no contest plea to the minor traffic offense of Inattentive Driving. He never lost his license for a single day and has no trace of an alcohol or drug conviction on his record. As a college student pursuing a career in law enforcement, MF was thrilled with this outcome. His future remains as bright as ever.

Case #4: OWI-1st (with .158 Blood Test Result and an Accident) Reduced to Reckless Driving

Many people are reluctant to fight their drunk driving case because they view them as cut and dried. Nothing can be done, they think, because their blood test is over the legal limit. This skepticism was true with our client, RJF. RJF thought his case was just too bad to fight. But at the urging of 2 separate former clients of Dennis Melowski's (each of whom avoided a DUI conviction) RJF decided he had too much at stake to not fight his case. And he couldn't be happier with his decision. Despite some very difficult facts to overcome, Dennis was able to convince the prosecutor to drop the alcohol-related charges. Instead, RJF agreed to a reduced charge of Reckless Driving, which carries no license loss, no IID requirement, and no alcohol counseling. Most importantly, RJF is not a convicted drunk driver. Never view a situation as hopeless. Just ask RJF.

Thursday, August 22, 2013


From almost thirty years in prison to no jail, no felony conviction, and a reduction in restitution.

While our firm normally focuses exclusively on drunk driving defense, several years ago Attorney Matt Murray represented JS's son who was charged with rape and got the case completely dismissed. Naturally, years later when JS himself was charged with three separate felony cases adding up to a potential twenty-nine years and nine months in prison, he wanted "the best attorney he knows" and called Matt Murray.  The charges ranged from defrauding the government, maintaining a drug house and delivering prescription drugs, to staging a robbery and defrauding an insurance company.  Things looked grim initially and Attorney Murray knew he had his work cut out for him.

Undaunted, Attorney Murray went to work investigating the allegations.  The prosecution knew it had a rough time ahead of it when, after Attorney Murray's performance at the preliminary hearing, the judge remarked how weak the case was.  By poking holes in the prosecution's theories right from the beginning and pushing the case to trial, Attorney Murray was able to work out a deal that seemed impossible when the case began.

While the District Attorney's office initially believed they had found the prescription drug kingpin of the area, Attorney Murray was able to convince them that all of the drug charges were completely bogus and they were subsequently dismissed completely.  The prosecution also agreed to completely dismiss the government fraud charge if JS plead to a misdemeanor fraud charge regarding the insurance company and the prosecution would recommend only two years of probation.  Furthermore, the nearly $10.000.00 in restitution being requested was dropped to $4,500.00.

A case that initially seemed hopeless, with a lengthy prison sentence a near certainty, ended with JS spending no time in custody, without any felony conviction, and a drastic reduction in restitution. Now more than ever, JS has no doubt that Matt Murray is the best attorney he knows. 

Another career saved

MS hired Attorney Matt Murray to save his career and he delivered in a big way.  MS was charged with OWI and PAC in November of last year.  The biggest problem for MS was that he desparately needed his license for his job to drive to various work sites in Wisconsin and in other states.  An occupational license was not an option as he had already been told by his employer that he would be let go if he could only drive on an occupational license.

The first step for Attorney Murray was avoiding the six month administrative license suspension that occurs while the charges are pending in court.  By pointing out the problems with the paperwork, the Department of Transportation agreed that they would not be suspending MS's license.

Attorney Murray then fought the case aggressively, filing motion after motion.  When that did not work, Attorney Murray pushed the case to trial, ready to proceed with a novel defense.  On the morning of trial, when the jury was waiting to come in, the prosecution agreed to amend the charge to a negligent operation of a motor vehicle, which carries no license suspension at all.  While waiting for the judge to come in, the prosecutor looked over to MS and said "you've got a great attorney, I've never seen anything like it."  The judge, equally impressed, told MS he received a huge break because of Attorney Nurray's efforts. Now that his career has been saved, MS couldn't agree more.