Thursday, December 17, 2015

OWI-1st/Refusal of Chemical Test Reduced to Reckless Driving for Attorney Matt Murray's Client

LG was in a very difficult spot when he picked up his first-ever OWI charge. He was so worried about the certain job-loss it would cause that he didn't know what to do when the officer asked him to submit to a blood test. He thought the safest thing to do would be to refuse the test, not knowing that such a refusal would lead to a separate charge with penalties that are worse than the OWI itself. To save his job, LG would now have to avoid both the OWI and Refusal charges. Fortunately, LG's boss is a former client of our firm and he told LG to give us a call right away. As the attorney responsible for LG's case, Attorney Matt Murray knew he would have to get creative. After pouring over every detail, Matt was able to find just enough ammunition to craft a defense. Although initially reluctant to plea bargain, the prosecutor ultimately relented as Matt pushed the case closer to trial. Matt was able to convince the prosecutor to drop the OWI and Refusal charges in exchange for a no contest plea to the non-alcohol-related traffic offense of Reckless Driving. On top of that, the prosecutor also agreed to dismiss two additional citations LG had been issued for Operating Left of Center and Failure to Dim Headlamps. Aside from paying a fine for the Reckless Driving ticket, LG suffered no consequences. He avoided any loss of license and was completely spared of a drunk driving conviction. Another fantastic result and another job saved.  

Sunday, December 6, 2015

December 3, 2015: Jury Finds Client NOT GUILTY in OWI-1st/PAC-1st Case with .22 Blood Test Result

LT's job was literally on the line in this case. Had the jury found him guilty, he would have been fired the very next day. As the safety director for a large petroleum hauling company, his job required a valid CDL. Despite an impeccable employment record, and despite being a valued employee for more than 10 years,  his company's policy was set in stone. A DUI conviction, with its mandatory disqualification of CDL privileges, meant immediate termination. No exceptions. With the stakes that high, Dennis Melowski pulled out all the stops at LT's jury trial. Through a relentless cross-examination of the arresting officer, Dennis exposed so many mistakes and inconsistencies that his credibility was completely destroyed, so much so that the jury also found LT not guilty of the bogus Unsafe Lane Deviation charge the cop issued to LT. And the chemist from the state lab who tested LT's blood sample fared no better. Although this witness testified that LT's test result was nearly three times the legal limit, the jury completely disregarded this evidence after Dennis exposed countless failures and highly questionable procedures followed by the lab in this case. Dennis even got the chemist to admit that he had no explanation for an entry in the lab's own maintenance log documenting a mistake another chemist had made, an entry the chemist described as "bizarre." In the end, the jury had absolutely no faith in the case against LT and he was found not guilty of all charges. His job was saved. And he is one VERY happy man.

Tuesday, December 1, 2015

Complete Dismissal of OWI-1st/PAC-1st (with .196 blood test result)

JM spoke to several attorneys regarding her case who offered her no hope of avoiding a drunk driving charge, given her .196 blood test result. The best she could do, they told her, was to possibly obtain the minimum period of license revocation upon her guilty plea. Knowing her career and reputation could not withstand the stain of a drunk driving conviction, her search for a lawyer who would fight for her continued. After much research, JM's husband encouraged her to call Dennis Melowski. It turned out to be the best move she could have made. As Dennis listened to JM's version of events, he realized the officer may not have had a valid basis to pull JM over in the first place, a fact Dennis confirmed when he carefully reviewed the officer's own squad video. As it turned out, JM was accused of a traffic violation she did not actually commit. Armed with this knowledge, Dennis filed a motion to dismiss all charges against JM. At the hearing on the motion, Dennis argued his point to the judge who, after watching the video for himself, agreed with Dennis. All evidence was thrown out and all charges were completely dismissed. As you can imagine, JM could not have been happier at this incredible outcome. You can read JM's 5-star review of Dennis' work on her case by clicking here (the review is titled "As if the Day Never Happened"): http://www.avvo.com/attorneys/53081-wi-dennis-melowski-1523763/reviews.html

Thursday, November 5, 2015

OWI-1st/PAC-1st (with .246 blood test result) Reduced to Minor Traffic Ticket for CDL Client in Waukesha County

Our client, JJ, has been a truck driver most of his adult life. It's the career he loves and the sole means of providing for his wife and children. So when JJ got arrested for his first-ever drunk driving charge, his immediate concern was for his family. As most truck drivers know, a drunk driving conviction can be a professional death sentence, leading to immediate termination in most cases. Even worse, it can scare off future employers for years. In short, a drunk driving conviction was not something JJ could afford to have. After calling numerous lawyers who offered him no hope, JJ came across the Melowski & Associates website and read about the countless CDL clients the firm has helped over the years. After speaking with Dennis Melowski himself, JJ knew he had found the only lawyer up to the task of saving his career.

When Dennis first looked at JJ's case, he knew there were two things definitely working against him: JJ had a very high blood test result of .246; and his case was in Waukesha County, which is notorious for taking a very hard-line approach in drunk driving cases. But Dennis also knew that JJ had a very legitimate issue regarding the officer's initial stop of his vehicle. You see, the officer stopped JJ solely because his high-mounted rear brake light was out. That's it. The officer did not see JJ commit any other traffic violations, nor did he see JJ drive erratically. While a defective high-mounted rear brake lamp can provide a valid basis for a traffic stop in certain situations, Dennis knows that it requires the officer to have certain information about the particular vehicle before stopping the driver. If Dennis could get the officer to admit that he didn't have enough information about JJ's vehicle prior to the stop, he could very well get JJ's case dismissed. With his plan in place, the officer was carefully (and successfully) questioned about this very issue at JJ's administrative suspension hearing. Based on the officer's testimony at the this hearing, Dennis filed a number of legal challenges regarding the stop of JJ's vehicle. After a few hearings were held, Dennis was gradually able to convince the prosecutor that the stop of JJ's vehicle was invalid. Rather than risk having the whole case dismissed, the prosecutor agreed to drop the drunk driving charges against JJ, in exchange for a no contest plea to the minor traffic ticket of Inattentive Driving, which carries only a fine. JJ's license would not be suspended and his CDL privileges would be completely spared. Most important, JJ would avoid the professional death sentence of a drunk driving conviction. Needless to say, JJ was thrilled with this fantastic result. So thrilled, in fact, that he posted a 5-star review of Dennis' work on the independent lawyer rating website Avvo. You can read JJ's review here (it's titled "CDL OWI first offense case): http://www.avvo.com/attorneys/53081-wi-dennis-melowski-1523763/reviews.html

Thursday, October 29, 2015

OWI-1st (Prescription Drugs) Reduced to Reckless Driving

This was a perplexing case.  SH, who was coming home from working as a nurse at a hospital, was called in for weaving all over the road.  She was pulled over and performed so poorly on the field sobriety tests that it was one of the worst videos we have ever seen.  Yet, SH had not consumed any alcohol or illegal drugs.  Nevertheless, she was arrested for OWI and blood was drawn, returning a positive test for Lorazepam.  With her career as a nurse on the line, she hired Attorney Matthew Murray and he began working on the case immediately.  The prosecutor initially refused to do much even though SH was within the therapeutic range for her Lorazepam prescription.  This was based in part on how bad the driving was and how poorly SH performed on the field sobriety tests.  The prosecutor believed the municipal court judge would not have a problem finding AH guilty.  A week before trial, however, the prosecutor came around when it was apparent we were serious about fighting the charge.  It was also apparent that we would be appealing the case to a jury trial at the circuit court level if we did not prevail at the municipal court level, something we have done several times against this prosecutor.  Given our past successes, the prosecutor thought a guilty verdict at a jury trial would be difficult and agreed to reduce the charge to a Reckless Driving ticket, which consists of only paying a fine.  SH was completely spared of an OWI conviction. She also never lost her license and her career was saved.  She could not be happier.  Neither could we.  These prescription drug cases are becoming more frequent and, as in this case, can be completely involuntary.  These are the kinds of cases that should not result in convictions and the loss of careers.  Unfortunately, prosecutors still pursue convictions and it is an honor and a privilege to help those in this very difficult situation.

Wednesday, October 28, 2015

Complete Dismissal of 3rd Offense Case in Ozaukee County on Morning of Motion Hearing

BH was charged with his third offense in Ozaukee County.  Ozaukee County is notorious for prosecuting drunk driving offenses to the fullest extent and refused to do much for BH initially.  On the other hand, our firm is notorious for defending drunk driving cases to the fullest extent. Something would have to give. In this case, as in any other case we handle, Attorney Matt Murray combed through all the reports and recordings, when a golden nugget revealed itself. Following BH's breath test, the booking video clearly showed BH asking if he could have the alternative blood test free of charge, which is his right under Wisconsin law in such a situation.  Yet, the arresting officer never responded to BH's question. She kept side-stepping the request, stating things such as “well, the machine is accurate … this is not a borderline result,” etc. In essence, the officer was trying to discourage BH from seeking an alternative test. Attorney Murray filed a motion to suppress (throw out) BH's breath test results on the grounds that the officer did not give BH the alternative blood test he had asked about, violating his rights in the process. When Attorney Murray initially raised this issue, the officer actually filed a supplemental report denying that BH had ever asked about a blood test, much less that she did anything to discourage such a test, not knowing that she was caught red-handed on the booking video. Finally, on the morning of the motion hearing, the prosecutor learned of the officer's actions as depicted by the video and agreed to dismiss the drunk driving charge.  BH could not be happier and neither could we.  This was a case in which the officer’s misconduct was exposed, protecting not just BH, but hopefully all citizens from such misconduct in the future. 

Tuesday, October 27, 2015

OWI-1st/PAC-1st (with .12 Breath Test Result) Completely Dismissed in Middle of Jury Trial

JAS was on his way to watch a concert in Appleton when he was stopped for speeding on Highway 41. When asked by the deputy if he had been drinking, JAS admitted to 6 beers. However, the deputy made no other observations that would suggest JAS was impaired. Nevertheless, the deputy subjected JAS to field sobriety tests and, based on what the deputy believed was poor performance, arrested JAS for drunk driving. A subsequent breath test at the sheriff's department revealed an alcohol level of .12. Upset and panicked after what happened, JAS met with Attorney Sarvan Singh and explained that evening’s events. While he admitted to drinking 6 beers, JAS also believed he had done well on the field tests. As Attorney Singh listened to JAS, he realized there may be hope. After delving into the police reports, breath records, and the arrest video, Attorney Singh noted substantial discrepancies between what was written in the deputy's report and what was displayed on video. He also discovered that the breath test machine used on JAS had not been properly maintained in the months leading up to the test. Armed with this knowledge, Attorney Singh proceeded to trial, which was his only option given the prosecutor's unwillingness to plea bargain. During trial, Attorney Singh did significant damage to the deputy's credibility on cross-examination, getting the deputy to concede there were several things in his report that did not correlate with what was shown on video. Furthermore, the County left out certain, vital information regarding the breath-testing device. At the close of the County’s evidence, Attorney Singh argued to the judge that the County failed to prove its case concerning the breath test. The judge agreed and did not allow the County to proceed on the breath test charge. After this ruling, the prosecutor, seeing how poor the deputy’s testimony was, chose to dismiss the remaining drunk driving charge. This meant that both the Operating While Intoxicated charge as well as the Operating with a Prohibited Alcohol Concentration charge were completely dismissed. Instead of being saddled with a drunk driving conviction for the rest of his life, JAS walked out of trial with a simple speeding ticket and one very big smile.

Tuesday, October 6, 2015

Add 3 More to the List: 3 More Melowski & Associates Clients Avoid Drunk Driving Convictions

Case #1: OWI-1st/PAC-1st (with .177 blood test) Reduced to Reckless Driving

An attorney's reputation for winning carries a lot of weight in negotiations. In fact, there may be nothing that's more important. The outstanding outcome in this case is a perfect example of that. Facing difficult facts, our client, FF, had to fight his case because his job required that he have no restrictions on his driving privileges. Despite being stopped for two alleged instances of crossing the centerline; an alleged admission of drinking "6 beers and a Bloody Mary"; performing poorly on the roadside tests; and having a blood test result more than twice the legal limit, Dennis Melowski was able to undermine the prosecution's case just enough to negotiate a very favorable resolution. Aware of Dennis' reputation for having an unmatched record of trial successes in drunk driving cases, the prosecutor agreed to drop the drunk driving charges in exchange for a plea to a reduced charge of Reckless Driving, which is a non-alcohol related traffic offense that carries no license loss. In addition, FF was able to completely avoid installing an ignition interlock device, which would have been mandatory under the original charges due to FF's blood test result. Aside from paying a fine, FF suffered no consequences from this incident. 

Do yourself a favor, ask other lawyers to whom you might be speaking to share their specific successes in drunk driving cases from the past year. And then ask yourself if you are impressed with the answer. If they even give you one.

Case #2: OWI-1st/PAC-1st (with .11 breath test result) Reduced to Reckless Driving

Our client, SA, was absolutely committed to not becoming a convicted drunk driver. As a retired professional with an impeccable reputation in his community, SA could not bear the fact of such a stigma. So Dennis Melowski litigated the case for nearly two years. Finally, just a few days prior to SA's jury trial, the prosecutor decided he had had enough. Knowing that Dennis was hell-bent on seeing the case through, the prosecutor agreed to drop the drunk driving charges, along with the speeding citation that was the reason for the initial stop. In exchange, SA plead no contest to a reduced charge of Reckless Driving. He never lost his license for even a single day and was completely spared of the permanent stain of a drunk driving conviction. He couldn't be happier.

You can read SA's 5-star review of Dennis' work on his case on the independent lawyer rating website Avvo by clicking here (the review is titled "DUI Case"): http://www.avvo.com/attorneys/53081-wi-dennis-melowski-1523763/reviews.html

Case #3: OWI-1st/PAC-1st Reduced to Reckless Driving for One of Attorney Matt Murray's Clients

JT would lose his job if his licensed were revoked or suspended. Given what he had to lose, he had to fight his case. Attorney Matt Murray went to work immediately and convinced the judge to stay JT's administrative suspension that occurs prior to any conviction. After that, Matt pushed the case to trial. A few days prior to the trial date, the prosecutor called and came right out with an offer to resolve the case with just a Reckless Driving ticket. Thanks to Matt's hard work, JT never lost his license and saved his job. It's what our firm is known for.

Wednesday, September 2, 2015

6 More Clients Avoid Drunk Driving Convictions Across the State

Our reputation for obtaining exceptional results is such that we attract clients from literally every corner of Wisconsin. The following results have capped what might have been our most successful Summer ever, in cases from counties that span nearly the entire length of the state:

Case #1: OWI-1st/PAC-1st (with .174 blood test) Amended to Non-Alcohol-Related Charge for CDL Client


Like all of our CDL clients, RJ could not afford a drunk driving conviction. It would put him out of business. Despite having a blood test result that was more than twice the legal limit, he had to fight the case. There was simply no viable alternative. After getting his name from several different people as the only lawyer for the job, RJ hired Dennis Melowski. Although the blood test and video evidence in RJ's case were not favorable, Dennis was able to craft an argument to challenge the officer's initial reason for stopping RJ's vehicle. As it turns out, there was nothing wrong with RJ's driving prior to being pulled over. He was not speeding; he was not deviating from his lane; and all of his vehicle's equipment was working properly. The officer, however, believed that he had heard RJ unnecessarily "revving his engine" and pulled him over because of it. Knowing that officers need an "objective reason" to perform a traffic stop, Dennis filed a motion to dismiss the charges, arguing that the officer could provide only a subjective reason...his personal belief that the engine was revved unnecessarily. After a motion hearing, the judge took the issue under advisement and stated she would issue her decision at a later time. Believing the judge would ultimately agree with Dennis, the prosecutor agreed to a very favorable settlement for RJ. Under the terms of the deal, the drunk driving charges were dropped in exchange for RJ's willingness to plead no contest to a completely non-alcohol-related misdemeanor charge. This charge would have no impact on RJ's regular or CDL privileges and would not even appear on his driver record. It was about the best outcome RJ could have hoped for and his business is still thriving because of it.

Case #2: OWI-1st/PAC-1st (with .108 blood test) Reduced to Reckless Driving in Very Difficult County

The outcome in BP's case is a perfect example of the lengths to which our firm will go in our efforts to obtain exceptional results for our clients. BP's case went on for nearly a year and a half. Through a contested municipal court trial, to an appeal to circuit court where multiple legal issues were raised and litigated, Dennis Melowski left no stone unturned in his commitment to his client's cause. Although several of Dennis' legal challenges were denied by the judge, at each hearing Dennis was able to further undermine the arresting officer's credibility on several key points in the case. Finally, about 10 days before BP's jury trial in circuit court, the prosecutor realized that there would be enough problems with the officer's credibility that a conviction on the drunk driving charges was in grave doubt and a very favorable resolution was reached. The drunk driving charges were dropped. In exchange, BP entered a no contest plea to a reduced charge of Reckless Driving, which resulted only in a fine. BP was completely spared of an awful drunk driving conviction and never lost his license for a single day. 

The result in BP's case was remarkable for a few reasons. First, it occurred in a county that is notorious for its unwillingness to plea bargain drunk driving cases. Second, BP is an out-of-state resident employed in the healthcare field and is subject to professional licensing in his home state. Had he been convicted of the drunk driving charge, it would have been professionally devastating. In addition, BP's home state treats drunk driving convictions even more harshly than Wisconsin. A conviction here would have disrupted BP's ability to lawfully drive in his home state for an extended period of time, making it extremely difficult, if not impossible, for him to continue in his present position. The result that Dennis Melowski was able to obtain avoided all of that and BP is a very satisfied client.

Case #3: OWI-1st/PAC-1st (with .196 blood test) Reduced to Two Minor Traffic Tickets

This was an outcome that seemed impossible at the outset of KH's case given the allegations. Repeated lane deviations, poor performance on the filed sobriety tests captured by the officer's squad camera and a very high blood test result of .196 made this a very uphill battle. But there was one potential issue Dennis Melowski found in his careful review of all the evidence: the officer's squad video hardly showed a vehicle that was all over the road. At most, it showed some very minor deviations that appeared to occur entirely within KH's own lane of travel. Dennis believed that the officer's video did not show a sufficient basis for a traffic stop and he filed a motion to dismiss. At the hearing on Dennis' motion, prior to it even starting, Dennis was able to enlist the support of the officer himself in dropping the drunk driving charges. How? This officer is one whom Dennis has dealt with many times, and almost every occasion was favorable to Dennis' client. Rather than being dragged through the court process again with a similar outcome, both the officer and prosecutor agreed to just cut their losses by offering a plea agreement that KH simply couldn't refuse. Under the terms of the deal, the drunk driving charges were dropped. In exchange, KH agreed to plead no contest to two non-alcohol-related, minor traffic tickets: Inattentive Driving and Operating Left of Center. Aside from paying fines, KH suffered no consequences. She avoided the horrible stain of a drunk driving conviction; avoided the equally horrible ignition interlock device; and never lost her license for even a single day. Another very real result and another very satisfied client.


Case #4: OWI-1st/PAC-1st (with .153 blood test) Reduced to Two Minor Traffic Tickets

This was another outstanding outcome in a case with some difficult facts...for a client with a LOT at stake professionally. Despite a .153 blood test, TH was ultimately convicted of just two minor traffic tickets: Speeding and Inattentive Driving. Aside from paying a fine, he suffered no consequences and his job was saved. TH was so thrilled with the outcome that he posted a 5-star review of Dennis' work on the independent attorney rating website Avvo.* The review is titled "Great Results and Handled Everything!" and can be read here: http://www.avvo.com/attorneys/53081-wi-dennis-melowski-1523763/reviews.html

*Dennis has 69 client reviews on this website and each and every one is 5 stars. Dennis has the most 5-star client reviews of any DUI lawyer in Wisconsin.

Case #5: OWI-1st/PAC-1st (with .136 blood test) Amended to Non-Traffic Misdemeanor for CDL Client

This was another case with difficult facts. EB had smashed his vehicle into a guardrail when he swerved to avoid a deer, causing significant damage to  both the guardrail and his own vehicle. Having occurred in a rural area, EB left the scene and drove home, only to be found there shortly thereafter by a police officer who followed a trail of vehicle fluid directly to EB's house. After a brief investigation, EB was arrested for drunk driving. A subsequent blood test revealed an alcohol level of .136. Despite the damning evidence, EB had to fight the case to keep his lucrative job, which required a CDL and operation of company-owned vehicles. A drunk driving conviction would result in immediate termination, as his employer's policy manual made very clear. EB chose Dennis Melowski for the task of saving his career after he had been provided Dennis' name by several friends and acquaintances. After months of litigation, including some novel legal issues, Dennis was able to gain enough leverage to negotiate a very favorable settlement that resulted in the drunk driving charges being dropped in exchange for a plea to a misdemeanor charge of Negligent Handling of a Weapon, of all things. This offense would not appear on EB's driver record and would have no impact on either his regular or commercial driving privileges. Most importantly, it would allow him to keep his job. Even better, Dennis secured an agreement from the judge and prosecutor to have the charge completely expunged from EB's record upon successful completion of a probation period. This means that it will be erased from EB's record as if it never happened in the first place. Another truly outstanding result.  

Case #6: OWI-1st/Refusal of Chemical Test Reduced to Two Non-Alcohol-Related Traffic Offenses 

This was a must-win case for our client, JF, whose job required extensive travel, both nationally and abroad. A suspension or revocation of his driving privileges would have placed that job in great jeopardy. And a drunk driving conviction would have prevented him from consideration for further advancement at his company, which held him in very high regard. Fortunately, Dennis Melowski was able to deliver in a big way for JF. After months of negotiating, Dennis was finally able to convince the prosecutor to agree to a very favorable resolution for JF. Both the drunk driving and Refusal charges were dropped in exchange for  pleas of no contest to reduced charges of Reckless Driving and Driving Too Fast for Conditions (JF's vehicle had slid off of a snow-covered road). Aside from fines, JF suffered no consequences. He avoided a drunk driving conviction and suffered no license loss. His very promising future remains fully intact.

If you are considering another law firm to represent you, please ask them to specify the outcomes of their clients' drunk driving cases over the past 3 months. We are confident you will here nothing close to this.




Monday, July 20, 2015

Two Clients Found Not Guilty in Back-to-Back Jury Trial Victories

Case #1: Milwaukee County Jury Finds Client Not Guilty of OWI-1st/PAC-1st (with .14 breath test result)

Recently, Dennis Melowski heard from another lawyer that our firm shouldn't expect the same level of success in Milwaukee as in other counties. The lawyer explained that prosecutors don't budge and the juries are unforgiving in drunk driving cases. In response, Dennis simply pointed to Attorney Sarvan Singh's most recent jury trial victory, a .14 breath test case in Milwaukee County. Against the DA's office self-described "top gun" DUI prosecutor no less.**

Attorney Singh represented AA, a young man with a lot at stake. He had just graduated college as a chemical engineer and had a fantastic and lucrative job overseas. However, his employer would not allow for any alcohol-related conviction. Therefore, his entire livelihood hinged on whether he was found not guilty of the drunk driving charges he was facing. Initially, AA looked like he was facing an uphill battle. He failed to properly stop at a stop sign; admitted to drinking; performed poorly on the field sobriety tests; and blew a .14. Moreover, the officer who stopped AA specializes in OWI arrests and had nearly one thousand drunk driving arrests under his belt.

Since AA had so much at stake, Attorney Singh attempted a resolution that would still allow AA to keep his job. However, the prosecutor flat-out refused. There was no other option but to present AA's case to a jury.

Given the facts, the prosecution was very confident in its case and demanded to the judge that it take precedence over other trials scheduled that same day. During the first day, the County paraded its witnesses on the stand with the expectation of a quick victory. However, on the second day, things changed very quickly when Attorney Singh got his chance at cross-examination. Multiple conflicts in the testimony of police witnesses was exposed to the jury, putting the prosecutor on his heels. Attorney Singh also masterfully exposed flaws in the way the breath test was administered to AA, leaving significant doubt about the reliability of the result. By the end of day two, there was not much left of the prosecutor's slam-dunk case. After an hour of deliberation, the jury returned verdicts of NOT GUILTY on both the OWI and PAC charges.

Once the jury returned its verdicts, the relief on AA's face was immediate. He kept his job and would not have this one black mark derail his promising future.

**Our office has actually never lost to this particular prosecutor.


Case#2: Waushara County Jury Finds CDL Client Not Guilty  of OWI-1st/PAC-1st (with .123 blood test result)

This case was destined for trial from the beginning. Not only was RT pulled over in a county that takes a hard-line approach to prosecuting accused drunk drivers, he also had some very difficult facts to overcome. Stopped for excessive speeding, RT ultimately gave multiple conflicting statements to the officer about how much he had to drink, according to the officer at least. On top of that, the officer found an open container of beer in the console area of RT's truck. Combine those allegations with alleged failed field sobriety tests on camera and a .123 blood test result and RT looked like he was facing some very long odds. However, given his CDL status, RT knew he needed to do whatever he could to avoid the career-ending stigma of a drunk driving conviction. After discussing his situation with the owner of a trucking company, RT was told there was only one attorney for the job: Dennis Melowski.

Knowing that the prosecutor he was dealing with would not likely plea bargain RT's case, Dennis prepared the case for trial. After meticulously combing through the lab records pertaining to RT's blood test, Dennis found a smoking gun. As it turns out, the machine used to analyze RT's blood test failed a calibration test the very same day RT's sample was tested. This cast significant doubt on the reliability of RT's result. Armed with his findings, Dennis was able to do substantial damage to the prosecutor's case when he cross-examined the lab analyst during the trial. The arresting officer fared no better. During the officer's evasive testimony, it became very apparent that many of his claims regarding RT were overstated, if not outright manufactured. In the end, it took the jury** only 40 minutes to find RT NOT GUILTY of both the OWI and PAC charges. It was the best outcome RT could have hoped for and he was overcome with relief when the jury's verdicts were read in court. RT was so happy, in fact, that he posted a 5-star review of Dennis' work in his case on the independent lawyer rating website Avvo.com. The review is titled "Got My Life Back" and can be read by clicking the following link: http://www.avvo.com/attorneys/53081-wi-dennis-melowski-1523763/reviews.html.

**Immediately after the trial, two of the jury members waited around to speak with Dennis outside the courthouse to tell him how impressed they were with his performance. They even asked him for his card.

Tuesday, June 23, 2015

Another Outstanding Result in an OWI-Homicide Case; Client Pleads to Reduced Charge and Receives County Jail Time with Work Release

GC's case marked the fifth straight time Dennis Melowski successfully obtained a non-prison sentence for a client in a case that started out as an OWI-Homicide. In cases where lengthy prison sentences are a virtual given, even for first-time offenders, this is a remarkable success rate. Although GC's case had some very difficult facts (he ran a stop sign; broadsided another vehicle, killing the other driver instantly; and had both a .108 blood test result and marijuana in his system), Dennis focused on GC's otherwise impeccable character in crafting a sentencing proposal for 12 months in the county jail with work release privileges. Dennis hired an expert sentencing consultant (someone with vast experience in the Wisconsin probation and prison systems) to meticulously lay out all of the reasons why a prison term was unjustified in GC's case. In addition, Dennis was able to obtain just enough leverage in the case to negotiate a lesser charge in the weeks leading up to GC's jury trial. The prosecutor dropped the OWI-Homicide charge in exchange for GC's no contest plea to a reduced charge of Homicide by Negligent Operation of a  Vehicle**. At GC's sentencing hearing, Dennis was able to convince the judge to adopt his sentencing proposal in its entirety. The judge sentenced GC to just 12 months in the county jail (all with work release privileges), despite the District Attorney vigorously arguing for 5 years in the Wisconsin State Prison System. Given what was at stake, GC and his wife of 30 years wept with joy at this outstanding outcome.

**Having the charge reduced also lowered GC's mandatory license revocation from 5 years to just 1 year  

Thursday, June 11, 2015

June is Off to a Great Start: 3 Outstanding Outcomes for Attorney Murray's Clients

OWI-3rd Completely Dismissed

NK had driven off the road, crashed his vehicle into a ditch and suffered very serious injuries.  He was airlifted to the hospital where blood was drawn several hours later, returning a borderline result.  The prosecution decided they were still going to prosecute, believing they could use a process called retrograde extrapolation to prove that NK's blood was even higher at the time of driving.  However, retrograde extrapolation has many inherent flaws, which our firm is well versed in.  Upon realizing the difficulties he was facing, the prosecutor agreed to dismiss the OWI-3rd completely if NK pled to the two other minor traffic tickets that were issued: Failure to Maintain Control of Vehicle and Operating Left of Center.  While NK is still healing from his injuries, he can now rest easier knowing he will not be facing a lengthy jail sentence, years of license revocation, and all of the other very serious consequences of an OWI-3rd.

Boating While Intoxicated Amended to Minor Boating Violations for Commercial Pilot Client

SL, a commercial pilot, was arrested for Boating While Intoxicated when the DNR stopped his boat for a lighting violation.  After the breath test returned a result of .12, SL was issued another charge of Operating a Boat with a Prohibited Alcohol Concentration.  As you can imagine, any alcohol related offense to a commercial pilot could mean the end of his career. With so much at stake,  SL hired Melowski & Associates and Attorney Matt Murray went to work raising various legal issues on SL's behalf, including a novel legal challenge to the implied consent procedure used in Boating While Intoxicated cases.  This challenge was particularly helpful as it had the potential to change the process for all Boating While Intoxicated cases in Wisconsin.  As the motion hearing approached, Attorney Murray successfully negotiated a resolution wherein SL pled to two minor boating citations: Failure to Yield - Boating Violation and Lighting Equipment Violation.  SL could not be happier.

OWI-3rd and Criminal Paraphernalia Charge Amended to Reckless Driving and Inattentive Driving Tickets

This case involved the use of synthetic marijuana, or "spice" as it is sometimes referred to.  SK was arrested after someone called in his vehicle for weaving all over the road.  When the officers found SK's vehicle, it was parked in a turning lane and it was alleged that SK started driving away once he saw the officers.  After failing the field sobriety tests, SK was arrested and officers found a pipe used to smoke the drug in SK's vehicle.  However, one problem that law enforcement have with synthetic marijuana is that the chemical structure is constantly changing.  That is, once the legislature makes one chemical structure illegal, a new version of spice is created with a different chemical structure.  This is the reason SK was charged with OWI and not Operating with a Detectable Amount of a Restricted Controlled Substance.  This created a problem for the prosecution with regards to the Drug Paraphernalia charge also.

The problem for the prosecution with the OWI charge was that the lab where SK's blood was sent could only say whether or not SK's blood was positive for spice and not what level of the substance was in SK's blood.  However, the prosecution persisted because of the bad driving and the performance on the field sobriety tests.  Motions were filed and the case was headed to trial.  Two weeks before trial, the prosecution came around.  They agreed to amend the OWI-3rd to a charge of Negligent Operation of a Motor Vehicle, but agreed to dismiss this charge if SK committed no new crimes for a period of two years and completed some drug counseling.  The Drug Paraphernalia charge was amended to a ticket for Inattentive Driving and SK also agreed to plead to a ticket for Reckless Driving.  Thus, SK has the opportunity to walk away from this with no jail, no license revocation, no criminal conviction and only two traffic tickets.  Another very happy client.

Thursday, May 21, 2015

May 7, 2015: An Absolutely Amazing Result in an OWI-7th Case (with .182 blood test result)

An OWI-7th is very serious business. It is at this level of offense that a mandatory minimum sentence of 3 years in prison kicks in. The judge has no authority to give anything less, under any circumstance. And 3 years is just the minimum. The sentence can be increased by several years if the judge thinks it's warranted. This was the dire situation that our client, ME, found himself in when he was picked up for his seventh time. Although it had been several years since his last arrest, and ME had made many positive changes to his life in the interim, that did nothing to lessen the severity of the penalties he was facing if convicted as charged. Knowing that such a lengthy prison sentence would effectively end his life as he knew it, he had to find the best possible attorney to do something about it. After hearing his name from several different people, ME called Dennis Melowski and hired him on the spot.

ME's preliminary hearing is where Dennis laid the groundwork for what would ultimately be the key to ME's outstanding resolution. While many attorneys (even some very reputable ones) routinely waive these hearings, our attorneys rarely do.* They can be very valuable, especially if you can catch a police officer off guard on a key point. ME's case is a textbook example of this. While delving into the reasons for the officer's initial encounter with ME, Dennis got the officer to admit that he approached ME shortly after he exited his vehicle because he believed the vehicle was illegally parked. Only Dennis knew the vehicle was not illegally parked. The officer had a mistaken belief of what the parking statute prohibited. Based on the officer's testimony, Dennis filed a motion to suppress all evidence in ME's case because he had been initially detained illegally...he had done nothing wrong to warrant police questioning in the first place. Dennis filed an additional motion to challenge one of ME's prior convictions based on problems Dennis and his team were able to unearth in a case that was nearly 24 years old.

After months and months of legal wrangling, hearings and negotiations, Dennis was able to negotiate a truly outstanding settlement for ME. Under the terms of the plea agreement, the original drunk driving charges were dropped. In exchange, ME plead no contest to a non-alcohol-related, non-traffic misdemeanor that will not even appear on ME's driver record. ME was simply placed on probation for one year and was ordered to pay a fine, but suffered no other penalties. He did not spend even one day in jail, much less prison, and completely avoided any license loss. It was about the best possible outcome ME could have hoped for and he is absolutely thrilled with the result.

*While there can occasionally be a valid strategic consideration for waiving a preliminary hearing, far too often we have seen lawyers do so for no apparent reason, other than convenience or fear of ruffling a judge's or prosecutor's feathers.  This is an example of what separates poor or average lawyers from exceptional ones. Exceptional lawyers are absolutely committed to leaving no stone unturned in the pursuit of their client's goals, even if  it means sometimes not being the most popular lawyer in the courtroom. Exceptional lawyering is what people have come to expect from our firm and it's what we aim to deliver to every client. Just ask ME.

Thursday, May 14, 2015

Complete Dismissal in Fond du Lac County

SR was arrested for her second offense OWI.  The blood  test came back at .102.  Unfortunately, this occurred in Fond du Lac County where the District Attorney's Office has a strict policy of not amending OWI cases. The policy left the assigned prosecutor without an ability to do much other than slightly reducing the jail, fine and license revocation period.  This left SR and Attorney Matt Murray with an easy decision: fight the case.

Attorney Murray went to work and noticed that the arresting officer had made very minimal observations regarding any impairment before dragging SR out of the vehicle for a full-blown OWI investigation.  Attorney Murray filed a motion challenging whether or not the officer had the requisite reasonable suspicion to do this.

On the day of the motion hearing, the officer failed to show and the judge dismissed the case.  The District Attorney's Office then refiled the case with a different judge.  Attorney Murray filed the same motion and the officer failed to appear again.  As the judge said, "two times is too many" and the motion to suppress was granted.  Without any evidence remaining, the District Attorney's Office completely dismissed the case.

Sometimes you get lucky, but you will never know if you don't fight it.  SR is sure glad she did.  Another very happy client.

Friday, April 24, 2015

A Fantastic April So Far: 3 More Clients Avoid Drunk Driving Convictions

Case #1: OWI-1st/PAC-1st (with .16 breath test result) Reduced to Two Citations for Improper Parking Off Roadway; A CDL Owner/Operator's Business is Saved

Since 1999, MK has been the owner/operator of a small trucking business that transports oversized machinery nationwide. It's a very successful business, but one that depends entirely on MK possessing valid CDL privileges at all times. As everyone in MK's field knows, a drunk driving conviction is like a professional death sentence, as a conviction on such a charge results in immediate CDL disqualification and skyrocketing insurance rates. So when MK picked up his first-ever drunk driving charge, he had to fight it. His livelihood was directly at stake. Fortunately, MK was referred to Dennis Melowski by a former client whose trucking career Dennis had saved a few years before. Dennis knew the first order of business was to obtain a stay of MK's administrative suspension, which was set to take effect just 30 days after MK's arrest. After a contentious hearing in which the prosecutor vehemently objected to the requested stay, Dennis was able to persuade the judge to side in his favor. This meant that MK would be able to maintain fully valid privileges while Dennis fought the case in court. As it turned out, this was just the first of many victories in MK's defense. After several months of investigation and hearings, Dennis was ultimately able to convince the prosecutor that there were sufficient problems in the case to warrant the original charges being dropped. Dennis was able to negotiate an incredible outcome. MK would plead no contest to two citations for Improper Parking Off Roadway, an offense that is so minor that it carries zero points. Aside from paying fines, MK suffered no consequences from his arrest. He never lost his license for a single day and his trucking business continues to thrive.


Case #2: OWI-1st/PAC-1st (with .182 blood test) Reduced to Two Minor Traffic Offenses

This was another case where our client needed to avoid a drunk driving conviction at all costs for employment concerns, as his job required him to travel at unpredictable hours and his employer required him to maintain valid driving privileges accordingly. He also needed to travel to Canada several times per year and a drunk driving conviction can provide a major impediment to crossing over the border. In short, JS needed to fight the case.  Like most clients, JS was referred to Dennis Melowski by a former client whom he helped save from a drunk driving conviction. Despite some very difficult facts to overcome, including a blood test result of .182, Dennis was able to do just enough with the case to negotiate a fantastic deal. Interestingly, the prosecutor  probably would not have agreed to the deal if Dennis had not been able to convince the arresting officer to approve a non-drunk-driving resolution. How was Dennis able to do that? This particular officer was someone against whom Dennis had success in the past and the officer confided to Dennis that he didn't feel like being dragged into court for the next 6 months to go through the same thing again. The officer actually encouraged the prosecutor to settle the case! As we make clear on our website, there is no substitute for courtroom success. It is only an an attorney with a well-known reputation for winning who can consistently obtain these types of results for their clients...and garner that type of respect from officers. JS's case is the perfect example of that. After coming to Dennis with a case that looked like it had long odds, JS walked away from this horrible situation with only two minor traffic citations: Inattentive Driving and Improper Parking Off Roadway. Another real result from Wisconsin's most successful drunk driving defense firm.

Case #3: OWI-1st/PAC-1st (with .154 blood test result) Reduced to Reckless Driving for Attorney Client

As we also make clear on our website, other lawyers know who the best lawyers are in their respective fields. And we have had countless lawyer clients over the years. For many lawyers, their professional reputation is the most important thing they have going for them, and nothing can damage a professional reputation more than a drunk driving conviction. Rightly or wrongly, the stain of a drunk driving conviction can scare away potential clients and result in diminished esteem by judges and other attorneys. As a partner in a small-town law firm, these concerns were front and center in DC's mind when he picked up his first-ever drunk driving charge, Although in his 60's, DC couldn't bear the thought of having a black mark on his otherwise impeccable reputation in the legal community. Not wanting to leave anything to chance, DC called the person whom he knew was the best DUI defense attorney in the state, Dennis Melowski. And Dennis delivered in a big way for DC. Despite some difficult video evidence and a blood test that was nearly twice the legal limit, Dennis was able to negotiate a resolution that completely avoided any type of alcohol-related offense. Under the terms of the  deal Dennis worked out, the original OWI charge was reduced to Reckless Driving and the remaining PAC charge was dismissed completely. Aside from paying a fine, DC suffered no consequences form his arrest and his outstanding reputation remains fully intact. To read DC's review of Dennis' work on his case on the independent lawyer rating website Avvo, click here (the review is titled "Reputation Saver"): http://www.avvo.com/attorneys/53081-wi-dennis-melowski-1523763/reviews.html

Thursday, March 26, 2015

March 18, 2015: OWI-1st (Prescription Drugs) Reduced to Reckless Driving

Many of our clients have much more at stake than just the court-imposed penalties for an impaired driving conviction. Often, the far greater consequence is on their professional reputation. There may not be a better example of this than our physician clients. Not only do doctors face potential sanction by the state medical board if convicted of such an offense, they also face the loss of hospital privileges. Even worse, the stigma associated with such an offense can shake the faith of patients and scare off future employers. Simply put, an impaired driving conviction has career-ending potential for doctors.

This is the situation our client, MR, found himself in when charged with his first-ever impaired driving offense. Although highly-regarded, and with more than two decades of impeccable care under his belt, MR found himself facing a professional setback that he couldn't imagine. Initially, MR's chances of avoiding a conviction on the original charges seemed quite slim, given the initial allegations. Witnesses had observed MR's car swerving all over the road, striking a yield sign, and ultimately rear-ending another driver. On top of that, MR performed very poorly on the field sobriety tests...on camera. A subsequent blood test revealed the presence of several impairment-inducing prescription medications. Despite the very damning evidence, however, MR had a viable defense. As it turns out, MR's nighttime medications were mistakenly placed in the morning compartments of the pill tray laid out by his wife. He had inadvertently taken them in the morning before driving to work, believing he had correctly taken his morning pills. In short, MR had a defense of involuntary intoxication. But getting the prosecutor to believe MR's claims turned out to be no easy task. In fact, it took Dennis Melowski more than a year. Finally, however, Dennis won the prosecutor over as the case was gearing up for trial. And it was an outcome that was definitely worth the wait for MR. Under the terms of the plea agreement, the impaired driving charges were dropped, in exchange for MR's plea to a reduced charge of Reckless Driving. Aside from paying fines, MR suffered no license loss and completely avoided any type of drug or alcohol related impaired driving conviction. Most importantly, he is facing no professional repercussions and his outstanding reputation is still fully intact. Needless to say, he is thrilled with the outcome.  

Friday, March 13, 2015

Four More Clients Avoid Drunk Driving Convictions in the Last 30 Days

Case #1: OWI-1st/PAC-1st (with .118 Blood Test Result) Reduced to 2 Minor Traffic Tickets for CDL Client

Our client, TK, absolutely had to get out of his first-ever drunk driving charge. A conviction would have resulted in the immediate loss of a well-paying over-the-road truck driving job, with little chance of being hired again in the future. In the commercial driving field, a DUI conviction can haunt a driver for years, long after the period of license revocation has been served. TK was referred to Dennis Melowski by a very loyal referral source, the owner of a trucking company for whom Dennis has helped countless drivers over the years. Fortunately, TK can add his name to that long list. Based on some significant legal issues Dennis was able to leverage in negotiations with the prosecutor, the original drunk driving charges against TK were dropped. Instead, TK pled no contest to 2 completely non-alcohol-related, minor traffic tickets: Inattentive Driving and Failure to Display Front License Plate. TK never lost his license for a single day and his commercial privileges are all full intact. Another commercial driving career saved.

Case #2: OWI-1st/Refusal of Chemical Test Reduced to Reckless Driving

SR has a great job out-of-state that requires her to have fully valid driving privileges at all times. Like many of our clients, SR's job was on the line if she were found guilty of the charges she was facing when she came to us. On top of that, SR's home state would impose very drastic penalties if she were convicted of DUI or Refusal in Wisconsin, making it very difficult for her to find similar work. Not knowing where to turn for help, SR sought advice from her personal attorney, who referred her to Dennis Melowski. As of two weeks ago, SR has nothing more to worry about. As it turns out, Dennis' review of the squad video revealed several deficiencies in the officer's administration of the roadside sobriety tests to SR, along with some significant contradictions between what was on the video and what was described in the officer's report. In short, the officer's credibility was very much in question. Dennis brought what he found to the attention of the prosecutor and was able to negotiate a very favorable settlement for SR, despite some VERY difficult facts in the case, including a call-in by another driver. Under the terms of the deal, the drunk driving and Refusal charges were dropped, in exchange for SR's no contest plea to Reckless Driving. Aside from paying a $313.00 fine, SR suffered no consequences from her arrest. Not only did she avoid any loss of her license, she avoided a drunk driving conviction altogether. 

Case #3: Another CDL Client's Career Saved: OWI-1st/PAC-1st (with .16 Breath Test Result) Reduced to 2 Minor Traffic Tickets

AB was actually referred to Dennis Melowski by one of Dennis' competitors in the Milwaukee area, a somewhat regular occurrence at our firm. Although having an excellent reputation of his own, this attorney though AB would be in better hands with Dennis, given the stakes involved and some difficult facts to overcome in AB's case. No doubt, AB had a tremendous amount on the line. He is the sole proprietor of his own trucking company in a state out West. If convicted of drunk driving, AB's CDL privileges would be completely disqualified, causing him to go out-of-business. With a wife and children to support, this was an unimaginable outcome for AB. But thanks to a significant breach of protocol in the administration of AB's breath test was revealed at AB's DOT suspension hearing, Dennis was able to create just a big enough hole in the case to negotiate a fantastic settlement. The drunk driving charges were dropped. Instead, AB entered no contest pleas to 2 minor traffic tickets: Inattentive Driving and Deviation from Lane. Bot of these minor offenses are completely non-alcohol-related and would have no impact on AB's regular or commercial driving privileges. His trucking business was completely saved and AB is a VERY happy man.

Case #4: OWI-1st/PAC-1st (with .098 Blood Test Result) Reduced to 2 Minor Traffic Tickets

3 years ago, Dennis Melowski was able to help JK's twin brother avoid a drunk driving conviction, an outcome that saved his commercial driving career. So when JK picked up a first offense of her own, Dennis was the first person she called. And Dennis delivered again, in a county in Southeastern Wisconsin that is notoriously difficult to deal with in drunk driving cases. After laying the groundwork for some very favorable legal issues at JK's DOT suspension hearing, Dennis was able to ultimately convince the prosecutor to drop the drunk driving charges in exchange for reduced charges of Inattentive Driving and Lane Deviation. These two completely non-alcohol-related, minor traffic offenses did not impact JK's driving privileges in any way and she was able to completely avoid the stigma of a drunk driving conviction. Another very satisfied client.

Monday, February 23, 2015

February 12, 2015: OWI-1st/PAC-1st (with .12 blood test result) Reduced to 2 Minor Traffic Tickets

Nothing pleases us more than helping a young adult with a promising future avoid the awful stigma of a drunk driving conviction. Beyond the obvious court-imposed penalties, the black mark of a drunk driving conviction can haunt someone for years to come, particularly when they are just starting out. Even the most routine background check will reveal the details of  a DUI conviction, often disqualifying otherwise excellent candidates from their dream jobs. That certainly was the concern for our client, CR, and his parents. An excellent student, CR was pursuing a degree in a field that would not tolerate a conviction on the drunk driving charge he found himself facing. His parents decided that Dennis Melowski was the best attorney to save their son's future. And Dennis delivered. After enduring a frustratingly slow court process, Dennis was ultimately able to leverage a legal issue he had raised into a fantastic negotiated settlement on the afternoon of a motion hearing in CR's case. Under the terms of the deal Dennis reached, the original drunk driving charges were dropped in exchange for CR's plea of no contest to 2 minor traffic offenses: Inattentive Driving and Improper Parking Off Roadway. Aside from paying fines, CR suffered no consequences. He never lost his license for even a single day and completely avoided an alcohol-related conviction. It is as if his drunk driving arrest never occurred. Most importantly, his bright and promising future is still fully intact.  CR's dad was so thrilled with the outcome that he posted a review of Dennis' work on the independent lawyer rating website Avvo. The review is entitled "Best of Class!" and can be read here: http://www.avvo.com/attorneys/53081-wi-dennis-melowski-1523763/reviews.html

Wednesday, February 18, 2015

February 5, 2015: OWI-1st/PAC-1st (with .20 breath test result) Reduced to Reckless Driving in Milwaukee County

This was an amazing result in a case with some very difficult facts. Initially stopped for multiple traffic violations by a veteran police officer (a lieutenant, no less), our client, DP, proceeded to fail the roadside field sobriety tests and blew a .20 on the breath test done at the police department. When all was said and done, things were looking very bleak for DP. But as an out-of-state resident who traveled extensively for his job, DP simply could not have a drunk driving conviction on his record. It would have ruined him professionally. He had to do everything he could to prevent that from happening. After extensive research, DP turned to our firm to save his career. After slugging it out in court for more than a year, Attorneys Singh and Melowski ultimately did enough damage to the prosecutor's case to negotiate a very favorable outcome, due primarily to deficiencies in the breath test machine they were able to expose. Under the terms of the deal, DP completely avoided a drunk driving conviction by having that charge reduced to Reckless Driving. DP never lost his license for even a single day and suffered no employment repercussions. He couldn't have been happier with the result. DP was so happy, in fact, that he posted a glowing review of our work in his case on the independent lawyer rating website Avvo.com. The review is titled "Amazing Results" and can be read by clicking the following link: http://www.avvo.com/attorneys/53081-wi-dennis-melowski-1523763/reviews.html

Monday, February 2, 2015

January 14: 2015: OWI-1st/PAC-1st (with .138 blood test result) Reduced to 2 Minor Traffic Tickets in the Middle of a Jury Trial

This was a major victory for our client, MN. He had been arrested for drunk driving the night before he was scheduled to start a very lucrative new job with a large corporation...a job that required him to have a valid CDL. A drunk driving conviction would immediately disqualify his CDL and MN would lose the job he had worked so hard to obtain. He had no choice but to fight the case. Dealing with a very stubborn prosecutor, the case was destined for trial from the beginning and Dennis prepared it accordingly. Although Dennis was able to unearth several promising issues in the case, he was careful not to disclose them to this particular prosecutor, knowing he still would not budge off the drunk driving charge. Not wanting to needlessly tip his hand, Dennis waited until trial to unleash what he had discovered on the unsuspecting prosecutor. As it turned out, it was a strategic move that paid huge dividends. During the trial,  Dennis' cross-examination of the arresting officer was so effective in undermining the case against his client that during the first court recess afterwards, the judge asked to see both attorneys in his chambers. The judge literally told the prosecutor that he was going to lose the case if it went to the jury and strongly encouraged him to settle the case to avoid a complete loss. Initially reluctant (apparently he couldn't see the jury's eye rolls during the officer's testimony), the prosecutor finally, and grudgingly, agreed. And it was a settlement that couldn't have been much better for MN. Under the deal, the drunk driving charges were dropped. Instead, MN plead no contest to two non-alcohol-related minor traffic tickets: Inattentive Driving and Improper Stop at Stop Sign. Aside from paying fines, MN suffered no consequences. He never lost his license for even a single day and his CDL was completely saved. As was his job. Another very real result.

Thursday, January 29, 2015

Attorney Murray Gets a Hat Trick

January 22, 2015: Client Avoids OWI - 3rd Conviction for Second Time with Our Firm

After a year of college and four years as an apprentice, B.O. had become a journeyman lineman when he was charged with his third drunk driving offense.  The mandatory license revocation would result in him losing his job and possibly his career.  He hired Melowski & Associates when things initially looked bleak.  Someone called B.O. in after he was observed throwing up in a parking lot.  The officer observed B.O. driving erratically, the field sobriety tests were not favorable, and the blood test was high.  Things would have been difficult had the case made it to trial.  Attorney Murray knew the case would have to be won ahead of time and went to work right away.  At the administrative suspension hearing, the officer admitted that B.O. had asked multiple questions about the blood test; however, when a motion was filed attacking what was discussed, the officer testified there had been no questions, and had there been he would have noted them in his report.  When Attorney Murray brought out a copy of the transcript from the prior hearing, it was apparent the officer had either made a mistake or was lying.  Either way, things started looking better.  The judge took the case under advisement and prior to a decision on the motion being rendered, the prosecution agreed to amend the drunk driving charges to a Negligent Operation of a Motor Vehicle, which carries zero license revocation and no ignition interlock device.  B.O. kept his license, job and career.  Many attorneys do not even bother requesting the administrative suspension hearing.  At Melowski & Associates, we know that outcomes like these begin with that hearing and that is why we request the hearing in just about every case.  What makes this an even greater outcome is that this is the second time our firm was able to help B.O. avoid a drunk driving conviction.

January 20, 2015: OWI - 1st with Admission to Drinking More Than 20 Beers Amended to Inattentive Driving

A.J., also a journeyman lineman, was in a similar position to the post above.  Charged with an OWI - First Offense, his career was on the line due to the mandatory license revocation.  This was another difficult case, mainly because A.J. had admitted to drinking over 20 beers and the officer testified that A.J. fishtailed so badly that he thought he was going to roll the vehicle.  Nevertheless, A.J. had no choice but to fight the case.  He hired Melowski & Associates and Attorney Murray fought the case aggressively through municipal court and then on an appeal to circuit court.  At the municipal court level, it was discovered that the breath test would be inadmissible as the breath test operator had left the department and moved out of state.  Sometimes you get lucky.  However, the prosecutor refused to budge, thinking they had an easy win with the driving and horrible admission of drinking 20 beers.  After the appeal to circuit court, Attorney Murray made it clear that despite the bad facts, we would be fighting the case and would be going through with a jury trial.  Then the reckless driving offer came.  Normally, this offer would be a no-brainer in a case as difficult as this.  The problem was that A.J. had a Michigan license and Michigan suspends licenses for reckless driving citations, meaning he would still lose his job. Attorney Murray refused the offer and in turn offered an inattentive driving ticket, a minor traffic offense that would not result in license loss in Wisconsin or Michigan.  The prosecutor finally gave in and A.J. couldn't be happier.

December 2014: Criminal Hit and Run of Attended Vehicle Dropped to Minor Non-Moving Traffic Violation

S.O. smashed into the back of a semi while the driver of the semi was sleeping in the cab.  S.O. pulled his car into a nearby parking lot, panicked and left on foot.  Officers came to his apartment, and while they suspected drunk driving, they could not prove it given the time that had passed.  Instead, they charged S.O. with the crime of Hit and Run of an Attended Vehicle, punishable by up to 6 months in jail and a $1,000.00 fine.  However, one thing that was overlooked by the prosecution was that they had to prove, beyond a reasonable doubt, that S.O. knew the vehicle was attended or occupied.  Since the driver of the semi was sleeping in the cab and never woke up until police arrived, this would have been a very difficult task.  When Attorney Murray pointed this out, the prosecution amended the charge to a non-moving traffic violation for failing to report an accident.  Aside from paying a forfeiture, S.O. did not spend a single day in jail, does not have a criminal conviction, and did not even receive an assessment of demerit points.  S.O. was ecstatic.  

Friday, January 23, 2015

Two More Fantastic Outcomes: Complete Dismissal of OWI-2nd and an OWI-1st Reduced to Two Minor Traffic Tickets

1) Complete Dismissal of OWI-2nd/PAC-2nd (with .10 Breath Test Result) for CDL Client Facing Lifetime Disqualification

The stakes in this case for our client, WC, couldn't have been much higher. As an over-the-road truck driver, WC was facing lifetime disqualification of his commercial driving privileges if he was convicted of his second offense drunk driving charge. With a young family to care for, this would be financially devastating. After substantial internet research, including the outcomes described right here on the Real Results Tracker, WC put his family's future in the hands of Dennis Melowski. As of January 13, 2015, WC has nothing more to worry about. Dennis was successful in having the entire case against WC thrown out by the judge, after Dennis convinced him that the officer did not have a sufficient basis to pull WC over in the first place. It was the best possible outcome WC could have hoped for because it is as if the charges were never even issued the first place. The sense of relief WC experienced when Dennis delivered the great news had to be witnessed to be believed. Suffice it to say, he couldn't be happier.

2) OWI-1st/PAC-1st (with .10 Breath Test Result) Reduced to Two Minor Traffic Tickets

This was yet another high stakes case with a tremendous outcome. Our client, CR, is an English citizen here in the United States on a work visa as an engineer. An OWI conviction would severely compromise his status and likely would cost him his job. CR was such a valuable asset to the company for whom he worked that it was actually his employer who sought Dennis Melowski out to defend CR's case. They had as much at stake as CR...they simply couldn't afford to lose him. Despite having some  very difficult facts to overcome, including the fact that CR was called in by an off-duty police officer because of his driving, Dennis was able to undermine the prosecutor's case just enough to negotiate an outstanding resolution. Under the terms of the deal Dennis worked out, the original charge of OWI-1st was reduced to the non-alcohol-related, minor traffic offense of Inattentive Driving. The remaining PAC-1st charge was reduced to the even more minor offense of Impeding Traffic by Slow Speed. Aside from paying some fines, CR suffered no consequences. He never lost his license for even a single day and was completely spared of the awful drunk driving conviction. His work visa status went completely unscathed. Both he and his employer are thrilled.

Tuesday, January 13, 2015

3 More of Attorney Singh's Clients Avoid Drunk Driving Convictions





1) Case #1: OWI-1st (with .12 Breath Test Result) Reduced to Reckless Driving; Another Commercial Driver's License Saved


BU is a commercial driver who spends his days traversing much of the Midwest transporting manufacturing equipment for his employer. When he was charged with a drunk driving in late 2014, the company made its position very clear: You lose your CDL, you lose your job. Knowing he had everything riding on the outcome of this case, he hired the only firm that other truck drivers repeatedly recommended: Melowski & Associates. He made contact with Attorney Sarvan Singh and explained his situation. Attorney Singh first kept BU's CDL from being immediately suspended, which allowed him to keep his job while his case was pending. Next, Attorney Singh found substantial flaws in the administration of the breath test, flaws that most attorneys would have overlooked. When he brought these to the attention of the prosecutor , the case was reduced to Reckless Driving. This meant that at no point did BU ever lose his CDL privileges. Even more importantly, he now has no drunk driving conviction.

2) Case #2: OWI-1st (with .19 Blood Test Result) Reduced to Reckless Driving


Many people simply cannot have a drunk driving conviction on their record. This is especially true for people who work in the medical field, where such a conviction often leads to a loss of accreditation or licensing. This was the case for LL. LL, who works in medicine, was facing an OWI -1st with a blood test of .19, a result that is more than twice the legal limit. With his whole career at stake, he contacted Melowski & Associates and spoke with Attorney Singh. Attorney Singh reviewed the case, and while most of it appeared to be unremarkable, there was one unique issue, that if argued the right way, could change the course of the case dramatically.  Attorney Singh made his case to the prosecutor. Realizing the drunk driving case was in jeopardy because of the novel issue Attorney Singh unearthed, the prosecutor ultimately agreed to reduce the charge to Reckless Driving. This meant LL could continue his work in the medical field without suffering the catastrophic consequences of a drunk driving conviction. 

3) Case #3: OWI-3rd (with .16 Blood Test) Reduced to Negligent Operation of a Motor Vehicle in the Middle of Trial


Any criminal defense attorney will agree that often you are left with little choice but to take a case to trial. The problem is that many lawyers will not try drunk driving cases. Regularly, these attorneys simply believe there is no way to contest the blood result. This defeatist attitude is of no help to their clients, who invariably end up being convicted as charged. However, as lawyers who exclusively deal with drunk driving cases, our firm knows that it doesn't always come down to the test result. For example, MT was facing a third offense with a .16 blood test, where he was looking at substantial jail along with substantial loss of his operating privileges. The prosecutor was unwilling to do anything with the case, even though MT could not afford to lose his license for any period of time. At an impasse in negotiations, Attorney Singh proceeded to trial, as we do every time a prosecutor is being unreasonable. During the trial,  Attorney Singh paid close attention to how one of the State's witnesses performed and handled the blood draw. After the witness was finished, Attorney Singh made a legal argument to the judge regarding this witness and a key shortcoming in the State's case. After lengthy arguments, the judge agreed with Attorney Singh and ruled that no additional blood test evidence could be presented by the prosecutor. Unable to proceed, the prosecutor finally agreed to  reduce the OWI to a charge which meant no loss of driver's license, no ignition interlock device installed on all of his vehicles....and no drunk drivin conviction. This case is a perfect example of how experience with these issues pays off. MT was so thrilled that he repeatedly calls Attorney Singh just to thank him for everything he did. A perfect example of how hiring the best pays off.