Tuesday, September 13, 2011

September 13, 2011: OWI-2nd Reduced to Non-Traffic Misdemeanor

In State of Wisconsin v. S.M., the original charge of OWI-2nd Offense was reduced to a non-traffic misdemeanor which will not even appear on the client's driver record and carries no revocation or suspension of driving privileges. The remaining charge of PAC-2nd Offense (.146 blood test result) was dismissed. The client was ordered to perform 100 hours of community service, but otherwise suffered no consequences from this offense---no probation, no jail, not even a fine. This incredible result was achieved shortly before the client's scheduled jury trial when Dennis Melowski disclosed to the prosecutor the evidence he had regarding the flawed testing process of the laboratory used to test his client's blood sample. In short, the prosecutor did not believe she could obtain a drunk driving conviction in light of the evidence Dennis was able to uncover. Having completely avoided a second offense OWI conviction, the client was thrilled with the outcome.