Friday, June 22, 2012

June 18, 2012: An Absolutely Unheard of Result Obtained for Felony Client: OWI-6th Reduced to Reckless Driving

As our Real Results Tracker amply demonstrates, our record of success in defending DUI cases cannot be matched--by anyone. Frankly, it's why we have it: to prove it. But sometimes we outdo even ourselves. Perhaps there is no better example of this than the result Dennis Melowski just achieved for his client, TJR, in his sixth offense drunk driving case. A sixth offense is very serious business. As a felony, it carries a lengthy prison sentence; three-year loss of license; ignition interlock device for years; a several-thousand dollar fine; and significant alcohol counseling. In the vast majority of cases, regardless of county, a conviction for a sixth-offense will result in a prison sentence. In short, the stakes don't get much higher. On top of that, a sixth offense is usually easy for a prosecutor to prove, since the legal limit in such a case is only .02. For many people, one or two drinks will put them over this very low level.

So when TJR was stopped for having a headlight out and smelled of alcohol, he was terrified. His fear only grew after supposedly failing the field sobriety tests and blowing well over the legal limit on the officer's roadside breath test, a result which a subsequent blood test confirmed. The officer also found a half-full can of beer in TJR's cup holder.Things couldn't have looked more bleak for TJR. He couldn't bear the thought being sent to prison, not with elderly parents to support and care for. After searching extensively for the best possible lawyer, TJR decided to hire Dennis, due largely to results he had read about right here on our Real Results Tracker. It was the best decision TJR  ever made. Based almost entirely on Dennis' fiercely effective cross-examination of the arresting officer at TJR's preliminary hearing, the prosecutor had serious doubts about her officer's credibility. Several of the facts he testified to were highly questionable. Ten days before TJR's jury trial, an absolutely unheard of result was achieved. The felony drunk driving charges were dropped. Instead, TJR pled no contest to a simple traffic ticket: Reckless Driving. This is a non-criminal, non-alcohol-related offense that doesn't even carry a loss of license, much less jail or prison time. The only penalty imposed against TJR was a fine of $389.50. That's it. TJR might just be the happiest client we've ever had.