Monday, February 24, 2014

Operating with a Prohibited Alcohol Concentration - First Offense Reduced to Absolute Sobriety Violation Only

EO, a college student from Illinois, was stopped for going 69 mph in a 55 mph zone.  He admitted to the officer that he had been drinking and his breath alcohol test result was a .10.  With EO being under the age of 21, it was an uphill battle on the absolute sobriety violation. However, Attorney Matt Murray scoured the discovery and filed three motions attacking the information that was provided to EO by the officer.  While the prosecutor originally refused to budge on the drunk driving charge, after litigating the motions for over an hour, the prosecution finally agreed to dismiss the drunk driving offense.  This left EO with only an absolute sobriety violation. At such an early stage of his promising life, EO was thrilled that he was able to completely avoid the permanent black mark associated with being a convicted drunk driver. Another very happy client.

Tuesday, February 18, 2014

The Streak Continues: 3 More Fantastic Outcomes for Our Clients in 2014

January 14, 2014: Complete Dismissal of Felony Charge in Milwaukee County

The Milwaukee County District Attorney's Office has a policy to charge any accused drunk driver with the felony of Second Degree Reckless Endangerment if their driving involves going the wrong way on the freeway system. This was the precise situation our client, CA, found himself in when he briefly drove the wrong way down an exit ramp from I-94. Even though this was CA's first-ever alcohol-related driving offense, he found himself staring down a potential lengthy prison sentence because of the serious  felony charge. But prison wasn't even the worst fear for CA. As a foreign national here on a work visa, CA was facing immediate and permanent deportation if convicted of a felony. This would mean the loss of a very lucrative IT job and a return to his home country with very few prospects. Fighting the felony and beating it was his only hope. After much research, CA was referred to Dennis Melowski by a prominent Wisconsin law firm. After sitting down with CA and reviewing his case, Dennis saw a glimmer of hope. But it would all come down to getting the arresting officer to make a crucial concession in Dennis' cross-examination of her at CA's preliminary hearing.  Dennis meticulously prepared his strategy for making this happen. On the morning of CA's preliminary hearing, after a very careful set-up, Dennis got the officer to concede the key point he needed to get the case dismissed. After presenting his argument, the presiding court commissioner agreed with Dennis that there was insufficient evidence to support a felony charge against CA. Case dismissed. CA was overcome with joy and relief in the knowledge that his future in the United States was secure.

February 6, 2014: OWI-2nd (with .14 Breath Test Result) Reduced to Non-Traffic Offense

Our client, CR, has an excellent professional job that requires him to travel extensively both nationally and internationally. Any disruption to the validity of his driving privileges, or any ignition interlock device (IID) requirement, would cost him his job and likely his entire career. So when CR picked up his second drunk driving charge, he knew he would have to do something about it. If convicted, he was facing an 18-month license revocation, mandatory IID installation in any vehicle he drives and a host of other serious consequences. Not knowing where to turn, CR began scouring the internet looking for the best DUI defense attorney he could find. After reading the successful outcomes of so many cases right here in the Real Results Tracker, CR knew that no other lawyer he had spoken to came close to demonstrating a record of success as extensive as Melowski & Associates. He knew he had found his firm. And Dennis Melowski did not disappoint CR. By seizing upon an issue in CR's case that many other lawyers would probably miss, Dennis was able to use this as leverage in his negotiations with the prosecutor. Just 3 days prior to CR's jury trial, Dennis was able to negotiate an outstanding resolution to CR's case. The original charge of OWI-2nd was reduced to the non-alcohol-related, non-traffic misdemeanor offense of Negligent Operation of a Motor Vehicle, which would not involve any license loss and would not even appear on CR's driver record! CR also avoided the IID requirement and would not have to complete the lengthy and costly counseling program. Most importantly, CR avoided the awful professional stigma of being a repeat drunk driver. Another career saved.

February 17, 2014: OWI-1st (with .12 Breath Test Result) Reduced to Two Minor Traffic Tickets

DB's case is a perfect example of the never-quit attitude our attorneys bring to our clients' cases. For more than 18 months, the prosecutor Dennis Melowski dealt with would not budge. Through a contested municipal court trial, motions filed in circuit court and a string of seemingly dead-end negotiations, Dennis persisted in pursuing DB's goal of avoiding a drunk driving conviction. And Dennis' efforts finally paid a big way. Rather than risk a loss at trial, the prosecutor ultimately agreed to reduce the original OWI-1st charge to the minor traffic offense of Inattentive Driving. The remaining charge of PAC-1st was reduced to the minor traffic ticket of Operating Without Headlights Lit. Aside from paying fines, DB suffered no consequences from this outstanding resolution and completely avoided a drunk driving conviction. He couldn't be happier.