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.