Monday, December 22, 2014

December 11, 2014: Another Fantastic Outcome in an OWI-Homicide Case; Repeat Offense Client Avoids Both a Homicide Conviction AND a Prison Sentence**

As noted in other entries on the Real Results Tracker, in the realm of drunk driving defense, there is no more serious charge than an OWI-Homicide. With potential penalties of 25 years imprisonment, 5-year license revocation and a $100,000.00 fine, the stakes literally can't get any higher...unless you have a prior OWI offense on your record. This simple fact increases the potential prison sentence from 25 years up to 40 years. This grave situation is what our client, BB, found himself in. On top of that, BB was accused of fleeing the scene of the accident and was charged with Hit and Run-Homicide, a serious felony that carries a separate 25-year sentence and $100,000.00 fine. All told, BB was facing a VERY long prison sentence if convicted as charged. At only 26, and with a very promising future as a journeyman electrician, this was an outcome BB simply couldn't fathom. BB turned to his parents for help. After an exhaustive search of Wisconsin's top attorneys, BB and his family turned to Dennis Melowski to save BB's life.

When Dennis first got involved in the case, the primary goal was to keep BB out of prison. Given the initial allegations, this was going to be a very difficult task. Even for first-time offenders, a conviction for OWI-Homicide results in a prison sentence in the vast majority of cases. And in cases where a Hit and Run is also alleged, long prison sentences are a virtual certainty. Dennis was going to have to find a way to convince the prosecutor to lessen the Homicide charges if BB was to have any hope of avoiding prison. But how? The facts of the case as alleged by the police and prosecutor painted a very bleak picture. Dennis needed to find something that supported BB's version of events. After an exhaustive investigation, some favorable facts and witnesses came to light that gave Dennis the bargaining chips he was so desperately seeking. As motions were filed and hearings were held, Dennis began negotiations with the district attorney. Gradually, he began chipping away at the district attorney's perception of the case. BB was no longer being viewed as the cold, heartless villain the police originally believed they were dealing with, but as a victim of circumstances in which many people had a role in the death that occurred. After more than a year of litigation and negotiation, Dennis worked out a fantastic deal. The original charge of OWI-Homicide was reduced to First Degree Reckless Endangerment and the Hit and Run Homicide was reduced to Hit and Run (non-death related). BB completely avoided any type of homicide conviction. More importantly, he was completely spared of a prison sentence. After hearing Dennis' "meticulous" (the local newspaper's word) recitation of the results of his investigation, the judge sentenced BB to just 12 months in the county jail, all with work-release privileges that allowed BB to keep his job and his very bright future. A truly remarkable outcome in a very high-stakes case. Media accounts of the case and its outcome can be read here: http://www.the-leader.net/man-sentenced-in-parking-lot-death.html.

**This is the fifth client in a row facing an OWI-Homicide for whom Dennis Melowski achieved a non-prison sentence. This is an unparalleled streak in these cases. If you are facing a charge as serious as OWI-Homicide, please ask other attorneys with whom you are speaking their results in such cases. Make them be specific. You will quickly see that when we say we are Wisconsin's most successful drunk driving defense firm, it isn't a sales pitch. It's a fact.


Thursday, December 18, 2014

December 8, 2014: OWI-4th/PAC-4th Reduced to Non-Traffic Misdemeanor Offense

A fourth offense OWI is serious business. A typical sentence for such an offense would include a jail term of 6-12 months, 3-year license revocation, ignition interlock device (IID) installation, lengthy probation, alcohol counseling and exorbitant fines. So when our client, SK, was arrested for what would be his fourth offense, he was terrified. It had been 16 years since his last OWI and he couldn't fathom facing such a harsh outcome at this stage of his life. He now had a firmly established career, owned his own home and was about to get married. All of that was in grave danger if he were convicted as charged. Knowing he had no choice but to do something about it, SK set out to find the best lawyer possible to save the life as he knew it. Fortunately, a close friend in whom SK had confided about his situation was a former client of Dennis Melowski. His friend told SK not to bother calling anyone else and to set up a meeting with Dennis. That's exactly what SK did and it was the best decision he could have made. After slugging the case out for more than a year, Dennis had sufficiently undermined the State's case against SK to the point that he was able to negotiate a fantastic deal for SK. The original fourth offense drunk driving charges were dropped. Instead, SK plead no contest to the non-traffic, non-alcohol-related misdemeanor offense of Negligent Operation of a Motor Vehicle. This offense carries no license loss whatsoever and will not even appear on SK's driver record, meaning no insurance ramifications. SK was also able to completely avoid probation and was spared of the awful ignition interlock requirement. SK was sentenced to just 50 days in jail, all with work release and electronic monitoring. Another extremely happy client.

Monday, December 15, 2014

December 3, 2014: OWI-1st/PAC-1st (with .208 Blood Test Result) Reduced to Reckless Driving for CDL Client

This was truly a remarkable result given the allegations against our client, KH. Allegedly seen stumbling towards his car by a police officer after leaving a tavern, KH was warned by the officer not to get into his vehicle and drive. After initially heeding the officer's advice, KH thought enough time had elapsed that he would be okay to drive the short distance to his house. Unfortunately, the officer KH had encountered earlier was just waiting for him to drive away. A traffic stop occurred almost immediately. KH was arrested after allegedly performing very poorly on the field sobriety tests. Things only got worse from there, as the post-arrest blood test revealed an alcohol level of .208, more than two and a half times the legal limit. Knowing the deck was stacked heavily against him, KH had no choice but to fight the case. As a commercial driver's license (CDL) holder, a drunk driving conviction would professionally devastate him for years. Not knowing where to turn, KH sought advice from a local attorney who had done some work for KH in the past. Given what KH had at stake, the attorney told him that his only hope was Dennis Melowski.

When Dennis first delved into KH's case, the evidence against him seemed overwhelming. But there was a glimmer of hope. Based on what KH insisted the officer told him prior to the blood draw, Dennis believed there may be grounds to have the blood test result thrown out. Dennis knew the officer's video potentially held the key to this issue, so he requested a copy immediately. Suspiciously, however, the squad video was "inadvertently deleted" shortly after Dennis' request. Rather than chalk this up to bad luck, Dennis leveraged the failure to properly preserve the evidence into a fantastic result for KH. Under the terms of the deal, the original drunk driving charges were dropped in exchange for a plea to Reckless Driving, a non-alcohol-related offense that carries no loss of license and would have no impact on KH's CDL privileges. Aside from paying a fine that was less than half of the fine for drunk driving, KH suffered no consequences. An outstanding result in a very difficult case.

Tuesday, December 9, 2014

November 17, 2014: OWI-1st/PAC-1st (with .186 Blood Test Result) Reduced to Reckless Driving

This outstanding result almost didn't happen. Although Dennis Melowski had reached a deal with the prosecutor that would completely avoid a drunk driving conviction for his client, KL, the judge responsible for the case bristled at the idea of approving such a drastic reduction in charges in a case with such a high blood test result and an independent citizen witness who initially reported KL to the police. But persistence paid off and Dennis was ultimately able to convince the judge to see the many holes he was able to poke in the prosecutor's case against his client. After a contentious hearing, the judge finally gave her blessing. KL completely avoided a drunk driving conviction in a case with some very difficult facts. Her career at a very prominent American corporation, which required her to maintain valid driving privileges, was preserved. Needless to say, she couldn't be happier.

Wednesday, November 26, 2014

Attorney Murray Comes Up Big in Two Cases

1) November 25, 2014: Operating with a Restricted Controlled Substance Reduced to Minor City Ordinance Ticket: When BF was involved in an accident she knew she was going to be in a bit of trouble because she did not have a license.  However, she thought she would be fine when the officer asked her to perform field sobriety tests because she was sober.  Yet, even completely sober people can fail these challenging tests, which BF had the misfortune of learning....right there on the side of the road. She was arrested on the spot and taken to the hospital for a blood draw.  As is commonly done, the officer requested a drug test if BF's blood-alcohol concentration turned out to be below the legal limit for alcohol. While BF's blood-alcohol concentration did come back below .08, THC (marijuana) was found in her system, even though she had not used any for several weeks. Illegal drug cases like BF's can be extremely difficult to defend. Unlike a drunk driving case where the prosecutor has to prove a certain level (.08 or more) of alcohol consumption, in an illegal drug case the prosecutor merely has to show the drug was present in the person's system, even if it is just a trace amount from days or weeks before. Undaunted,  Attorney Murray scoured the discovery materials, including the blood test records, and prepared for trial.  On the morning of trial, the prosecutor offered to reduce the charge to a city ordinance ticket that would not even show up on BF's driving record.  The charge of Driving Without a License was also dismissed. This was about the best possible result BF could have hoped for. She avoided the awful stigma of a drug-related driving conviction and also avoided any loss of license. Another extremely happy client.

2) November 12, 2014: Client Escapes OWI-3rd Conviction for the Second Time with Our Firm: RG had previously retained our firm to represent him in an OWI-3rd several years ago. We delivered by getting those charges reduced to a non-alcohol related offense.  Unfortunately, RG picked up another OWI-3rd earlier this year and naturally came to us again.  Things initially seemed grim.  There was an accident, a high test result, and poor field sobriety tests.  But by focusing on the improper procedure used by the hospital staff in drawing RG's blood, Attorney Murray was able to convince the prosecutor to reduce the charge again to a non-alcohol related misdemeanor offense, Negligent Operation of a Motor Vehicle.  This reduced offense carries no license loss, no ignition interlock device and will not even appear on RG's driver record. Given that this was the second OWI-third charge RG had escaped, however, the prosecutor did want some jail time.  This was problematic for RG given his work schedule.  Ultimately, Attorney Murray convinced the judge to allow RG to serve his sentence at the rate of just five days a month.  RG once again had a huge load off his chest and kept his job. Not many people are able to avoid even one offense as significant as an OWI-3rd, let alone two. These are the types of outcomes for our clients that separate us from the rest. 

Monday, November 17, 2014

November 3, 2014: OWI-1st/PAC-1st Reduced to Two Minor Traffic Tickets for Delivery Driver Client

MB is employed as a delivery driver for a very well-known package delivery corporation. It's an excellent job, with great pay and benefits, and one that MB couldn't imagine life without. Unfortunately, in this field, any disruption to valid driving privileges, especially when alcohol-related, is nothing short of a professional death sentence. So when MB was arrested for her first-ever drunk driving charge, she was looking at far more than just the court-imposed penalties. She was staring down the end of her career. She had to do something, but what could be done? She knew she had struggled on the field sobriety tests and she also had a breath test over the legal limit. Not knowing where to turn, MB sought the advice of a local attorney, who was pessimistic about her chances if she chose to fight the case. The attorney bluntly told MB that her only shot was to hire Dennis Melowski. Convinced Dennis was the only one who could help, MB put her future in Dennis' hands. The decision is one MB will never regret. Despite having to contend with some very difficult facts, Dennis was able to find an issue which seriously called into question the validity of how the breath test was administered to MB at the police station. By scouring the maintenance records of the breath test machine, Dennis identified an issue that most lawyers would have missed. Just a few days before MB's jury trial, Dennis was able to leverage his ammunition regarding the breath test into a fantastic result for MB. Dennis convinced the prosecutor to reduce the OWI charge to the minor traffic offense of Inattentive Driving. The remaining PAC charge was reduced to the equally minor offense of Deviation from Designated Lane. Aside from paying some fines, MB suffered no consequences from her arrest. She never lost her license for a single day and avoided the career-ending stigma of a drunk driving conviction. She is still driving for the same well-known company...and she couldn't be happier. (To read MB's thoughts of Dennis' work on her case and just how thrilled she really was, please read the review she posted on the independent lawyer-rating website Avvo. It's entitled, "Go with the Best!" and can be read here: http://www.avvo.com/attorneys/53081-wi-dennis-melowski-1523763/reviews.html).

Tuesday, November 4, 2014

October 27, 2014: Complete Dismissal of OWI-2nd/PAC-2nd Case in Milwaukee County

The Milwaukee County District Attorney's Office was not particularly happy the first time Dennis Melowski got the charges against his client, WK, dismissed in this case, so they tried issuing the charges a second time...almost one year later. Unfortunately for them, their second attempt to get a conviction was no more successful than their first. The reason? The cop who arrested WK was no longer with the force and he refused to come back to face Dennis in court, despite having been personally subpoenaed by the prosecutor. On the morning of WK's scheduled jury trial, Dennis successfully persuaded the judge to dismiss all charges against WK, this time for good. Needless to say, WK was thrilled when the heavy weight that had been hanging over her head for more than two years was finally gone. To read WK's review of Dennis' work on her case on the independent attorney rating website Avvo.com, click here (the review is titled "An Excellent Attorney"):  http://www.avvo.com/attorneys/53081-wi-dennis-melowski-1523763/reviews.html

Friday, October 31, 2014

October 20, 2014: OWI-2nd/PAC-2nd Reduced to Non-Traffic Misdemeanor; Commercial Driving Client Avoids Lifetime CDL Disqualification

The stakes couldn't have been much higher for ST in this case. As a CDL holder, ST was facing lifetime disqualification of his commercial driving privileges if he got convicted of the original second offense drunk driving charges he was facing. He had no choice but to do everything in his power to avoid this devastating consequence. He knew he would have to find a lawyer up to the challenge of saving his future. During his research, ST was told of someone who had just beaten a sixth offense OWI charge on appeal, a very rare occurrence. ST was determined to find out who the defense lawyer was on that case. After doing some digging, ST learned the lawyer was Dennis Melowski. ST immediately hired him. It was the best decision he could have made. After going through ST's case with a fine-toothed comb, Dennis found several legal issues that had significant promise. Dennis brought these issues to the court's attention and a hearing was scheduled. By the close of round one of the hearings, Dennis had made significant headway into undermining the State's case against ST. Shortly before round two of the hearings, the prosecutor called Dennis and made a fantastic settlement offer. Under the terms of the deal, the original drunk driving charges would be dropped. Instead, ST would enter a no contest plea to a newly issued charge of Negligent Operation of a Motor Vehicle, which is a non-alcohol-related, non-traffic misdemeanor offense that would not even show up on ST's driver record. ST agreed to be placed on probation for one year, but served no jail time; never lost his license for even a single day; avoided the dreadful ignition interlock device; and, most importantly, avoided a drunk driving conviction altogether. And his CDL privileges remain fully intact. Another very real result.

Monday, October 27, 2014

October 15, 2014: OWI-1st/Refusal of Chemical Test Reduced to Inattentive Driving

As a resident of Illinois, JD was facing severe consequences against his driving privileges in his home state if he were convicted of his first-ever drunk driving charge in Wisconsin. The severity of his situation was compounded by the fact that JD travels extensively for his job and has to maintain a valid driver's license. Quite frankly, a drunk driving conviction would finish JD's career at his present company. He had to fight his case. But how? JD's vehicle had been called in by the concerned employee of a gas station he had just patronized and he performed poorly (on camera) during his roadside sobriety tests. Even worse, JD refused to submit to a breath or blood test following his arrest, leading to a so-called "Refusal charge" that can be very easy for prosecutors to prove...and these Refusal charges carry even worse penalties than the drunk driving charge itself. Bottom line, the deck was stacked heavily against JD and he was going to need the services of the best possible attorney he could find. Not one to leave things to chance, JD undertook extensive research of the top DUI attorneys in Wisconsin and ended up interviewing 6 of them, three of whom told JD to hire Dennis Melowski. After interviewing Dennis himself, JD knew he had found the lawyer he was looking for and it was the best decision he ever made. After months of intense negotiations, Dennis was able to reach a fantastic resolution of JD's case. Just 2 days before JD's Refusal Hearing, the prosecutor agreed to reduce the original OWI charge to the non-alcohol-related, minor traffic offense of Inattentive Driving. The remaining Refusal charge was dismissed completely. Aside from paying a fine, JD suffered no consequences from this incident. He was able to completely avoid any license loss and also avoided the horrible ignition interlock device. Most importantly, he avoided the career-ending stigma of being a convicted drunk driver. To read just how pleased JD was with Dennis' work on his case, click the following link to read his review on the independent lawyer rating website Avvo. The review is titled "The Best DUI Attorney in the State of Wisconsin": http://www.avvo.com/attorneys/53081-wi-dennis-melowski-1523763/reviews.html 

Wednesday, October 15, 2014

October 7, 2014: OWI-2nd/Refusal of Chemical Test Reduced to Non-Alcohol-Related, Non-Traffic Misdemeanor

EJ was terrified at the thought of being convicted of his second offense drunk driving charge. In addition to the mandatory jail time, the 1 to 2 year license revocation he was facing, along with mandatory ignition interlock device installation in all of his vehicles, would have destroyed the business EJ had worked so hard to make successful. EJ had no choice but to fight the case, so he turned to his close friend (an attorney) for advice in finding the best possible lawyer to defend his high-stakes case. His friend provided EJ just one name: Dennis Melowski. After going through EJ's very factually difficult case with a fine-toothed comb, Dennis was able to seize upon just enough to negotiate a very favorable outcome. On the morning of EJ's scheduled Refusal Hearing, Dennis was able to convince the prosecutor to reduce the OWI-2nd charge to the non-alcohol-related, non-traffic misdemeanor offense of Negligent Operation of a Vehicle, an offense that will not even appear on EJ's driver record. The Refusal charge was dismissed completely. EJ was given one year of probation, but never lost his license for a single day and completely avoided the horrible ignition interlock requirement. Since no offense will appear on his driver record as a result of this outstanding outcome, EJ also avoided what would have been massive insurance increases for years to come. Most importantly, EJ was spared of becoming a convicted drunk driver for the second time. Mission accomplished.

Wednesday, October 1, 2014

September 24, 2014: Jury Finds Client NOT GUILTY in OWI-1st/PAC-1st Case (with .106 Blood Test Result)**

This complete jury exoneration of our client, TB, was another textbook example of a prosecutor overestimating the strength of his case. Because TB was arrested by a very well-trained, 18-year-veteran of the force (an expert, in fact, in both drunk driving and drug impairment detection), the prosecutor assumed he would just put his cop on the stand and it would be an open and shut case. And the fact that there was also a blood test result over the legal limit was just icing on the cake. In short, the prosecutor viewed this case as a slam dunk and he was not willing to give TB any breaks. But it is precisely this type of over-confidence that Dennis Melowski likes to take advantage of. The 18-year-veteran was no match for Dennis on the stand, as countless contradictions, embellishments and downright errors were exposed to the jury. The blood analyst suffered the same fate as he evasively played the role of apologist for the lab's breached protocols that related directly to the validity of TB's blood sample. In the end, despite Dennis not calling a single witness of his own to the stand, it took the jury only 37 minutes to find TB NOT GUILTY of both alcohol-related charges. TB walked out of the courtroom as if his drunk driving arrest never happened. It was the best possible outcome he could have hoped for and he couldn't be happier. To read this client's review of Dennis on the independent lawyer rating site Avvo, click here (the review is titled "Trial Experience and Expertise that is Second to None"): http://www.avvo.com/attorneys/53081-wi-dennis-melowski-1523763/reviews.html

**Over the last 3 years, Dennis Melowski has had 15 drunk driving trials go to verdict. He has won 12 of them (meaning no alcohol-related conviction of any kind). When we say that no other firm in Wisconsin can come close to matching our record of success, this is what we're talking about. If you are speaking to other lawyers about representing you for something as life-altering as your drunk driving charge, be sure to ask them their track record over the last few years. Make them be specific. You will be surprised at what you hear, if they tell you at all.

Tuesday, September 30, 2014

September 18, 2014: OWI-1st/Refusal of Chemical Test Reduced to Reckless Driving

As a professional subject to licensing in another state, our client, TRW, had a lot riding on the outcome of this case. A drunk driving conviction would have ruined her professional reputation and haunted her for years to come. TRW's case was complicated by the fact that she refused to submit to the breath test following her arrest, leading to a separate charge that actually carries worse penalties than the drunk driving charge itself. These "Refusal Charges" as they are known, can often be very difficult to defend, since there are only a very limited number of issues that can be raised to defend such a charge. But persistence and shrewd negotiating by Attorney Liz Majerus ultimately saved the day. On the afternoon of TRW's court trial, Attorney Majerus was able to negotiate a fantastic resolution. The OWI charge was reduced to the non-alcohol-related offense of Reckless Driving and the Refusal Charge was completely dismissed. Aside from paying a fine, TRW suffered no consequences from her arrest. She never lost her license for a single day and, because she avoided the awful stigma of a drunk driving conviction, her well-deserved professional reputation is fully intact. She could not have been more pleased with this outcome.

Tuesday, September 9, 2014

September 4, 2014: Client Found NOT GUILTY of All Charges in OWI-1st Case (with .11 Blood Test Result)

This was a major victory for our client, CH. As a former police officer looking to get back into law enforcement, a complete exoneration in court was her only option. The prosecutor was dead set against giving CH any breaks, not only because he did not want to be perceived as giving a former cop preferential treatment, but also because he did not want to "kowtow" (his word) to Dennis Melowski. It also didn't help matters that CH was the ex-wife of the police chief, who was hellbent on making sure CH was prosecuted to the fullest extent of the law. The trial was very contentious from the start and it was clear that the prosecution was willing to do whatever was necessary to secure a guilty verdict. But by the close of the prosecution's case to the jury, Dennis Melowski had done so much damage to the police witnesses that there was practically no case against his client left. By the time Dennis was done cross-examining the arresting officer, his credibility had been so badly damaged that, at Dennis' request, the judge took the highly unusual step of striking ALL of the officer's testimony. The judge instructed the jury to disregard everything the officer testified to and to treat the case as if the officer never took the witness stand. Without the officer's testimony, Dennis knew the prosecutor could not prove his case. Dennis asked the judge to direct verdicts of NOT GUILTY in favor of his client, a request the judge immediately granted. All charges against CH were dismissed on the spot and she was completely cleared of both the OWI and PAC charges. It was the best outcome she could have hoped for and she broke down with tears of joy. As we have said more than once, there is no substitute for superior lawyering. It's a lesson we love to teach to overzealous prosecutors. And dishonest cops.

Thursday, August 14, 2014

August 11, 2014: Operating with Restricted Controlled Substance-2nd Offense Reduced to Minor Traffic Ticket

RF had no idea he was committing a serious crime at the time he was stopped for a minor equipment violation by the State Patrol. Thinking he would just receive a warning and be sent on his way, RF was stunned when the Trooper began aggressively questioning him about drug use. After some very questionable police tactics in the ensuing investigation, RF found himself cuffed and in the backseat of the squad car for allegedly Operating a Motor Vehicle with a Restricted Controlled Substance as a second offense, a serious charge involving a mandatory jail sentence and a very lengthy license revocation. Things only got worse when the result of the post-arrest blood test revealed the presence of an illegal drug in RF's system. Not knowing where to turn, RF and his mother conducted extensive research of Wisconsin's top defense attorneys. After interviewing several, they chose Dennis Melowski.

These cases can be very difficult to defend because the prosecutor only has to prove that the illegal substance was present in the blood at the the time of driving. Proving the drug was at a certain level is not required, nor is proof of impairment by the drug. Thus, the fate of such cases is often determined by whether or not there are sufficient legal challenges to get the blood test result thrown out by the judge. Recognizing the potential legal challenges in a given case and successfully raising them is often a function of the skill of the individual defense lawyer involved. After carefully reviewing the squad video evidence and police reports, Dennis Melowski identified several game-changing legal issues on RF's behalf, all of which had to do with the Trooper's investigation on the side of the road. Dennis brought these challenges to the attention of the judge in the form of written motions. Within just days of the motions being filed, Dennis received a phone call from the prosecutor who admitted there was significant merit to Dennis' arguments. A fantastic deal was offered to RF. The criminal charges would be completely dropped in exchange for a plea of no contest to a minor traffic ticket for lane deviation, a deal RF happily accepted. Aside from paying a $200 fine, RF suffered no consequences from this incident and avoided a criminal conviction. Another exceptional real result.

Wednesday, July 16, 2014

June 26, 2014: First Offense Drunk Driving Case (with .14 breath test result) Reduced to Non-Alcohol-Related Village Ordinance Violations

CM has a successful career as a salesperson in the medical device filed, a job that requires him to drive extensively, both in his home state and Wisconsin. Any disruption to his driving privileges would cost CM his job and would severely hamper his ability to regain similar employment. So when CM had the misfortune of being arrested for his first-ever drunk driving offense, he knew he would have to find the very best attorney to fight his case. After extensive research, CM decided that Dennis Melowski was the only lawyer for the job.

The fantastic deal Dennis reached in CM's case did not come easily. It was the byproduct of nearly two years' worth of work. Through a contested municipal court trial, to an appeal to circuit court where several motion issues were litigated, Dennis pushed the case at every opportunity. Finally, just a few weeks before another motion hearing, Dennis' efforts paid off...in a big way. Dennis was able to convince the prosecutor to drop the two original alcohol-related charges (OWI and PAC) in exchange for CM pleading no contest to two extremely minor village ordinance violations: Being in a Park After Hours and Loitering on Posted Property. Aside from paying a fine, CM suffered no consequences from his arrest. He never lost his license for a single day and nothing will even appear on his driver record related to this incident. More importantly, he avoided becoming a convicted drunk driver. It was the best outcome CM could have hoped for. And he still has his job.

Wednesday, July 2, 2014

Attorney Singh Has A Drugged Driving Case Amended To Inattentive Driving And Also Has Two Cases Completely Dismissed



PRESCRIPTION DRUGGED DRIVING CASE AMENDED TO INATTENTIVE DRIVING

Prescription drug cases are very difficult. They require a general understanding of how certain chemicals may affect a person’s motor skills. Because of the plethora of prescription medication available, these types of cases require a great deal of research. Often, when someone is arrested for drugged driving, numerous medications may be involved. Such was the case for RLK. RLK was (and still is) suffering from a life-threatening illness, which requires a copious number and combination of prescription drugs. Some of these drugs affect her ability to operate a motor vehicle. It was shortly after taking her medications that RLK was forced to leave the house to seek her son, who was supposed to have been home several hours prior. While searching for her son, RLK was stopped by police and subsequently arrested for intoxicated driving. She contacted Attorney Sarvan Singh to help with her situation. Attorney Singh reviewed her conditions, her medications, and presented an alternative resolution to the prosecutor. The prosecutor, familiar with Attorney Singh, went along with amending the charge of drugged driving to a simple inattentive driving citation. RLK could not believe her luck and repeatedly expressed to Attorney Singh how fortunate she was to hire him. Having the charge amended allows RLK to focus on her health and working on getting better.

DRUNK DRIVING FIRST WITH REFUSAL COMPLETELY DISMISSED

There are times when a traffic stop just doesn’t smell right. For example, SSS was driving home with three other friends after watching the dirt track races when he was stopped because the front seat passenger supposedly did not have his seat belt fastened. Keep in mind the officer observed this from behind the vehicle at around midnight. The officer pulled SSS over and subsequently arrested him for Operating While Intoxicated, first offense.  SSS sought out Attorney Singh to help him with his case. Attorney Singh reviewed the video, but determined it was inconclusive. However, during their meeting, SSS described the appearance and operation of the seatbelt, which differed significantly from the officer’s report. Attorney Singh had SSS take pictures of the seatbelt and filed a motion challenging the stop. During the hearing, the officer’s testimony was consistent with his report, which is exactly what Attorney Singh wanted. Attorney Singh then showed video and pictures of the actual seatbelt, and explained how it completely contradicted the officer’s testimony. The judge, after hearing all the evidence, threw the case out and SSS walked away feeling vindicated.

OWI THIRD OFFENSE COMPLETELY DISMISSED.

An OWI third offense is very serious charge. A conviction may result in up to a year in jail. That’s why NED hired our firm. He was facing an OWI third offense with a unique set of circumstances: He wasn’t driving the vehicle. In fact, the officer arrested him as he was walking up to his house. NED tried to explain the circumstances to the officer, but the officer simply didn’t believe him and arrested him for drunken driving. NED hired Attorney Singh and told him what happened, which was while his car was found in a ditch a mile away from his residence, his buddy was the one who put it there. In fact, NED explained that the last time he actually drove was much earlier in the day. Attorney Singh read the reports, watched the video, and spoke with NED’s friend who had actually operated the car. Despite the officer’s insistence otherwise, there was no evidence to show anything NED said was untrue. Armed with this information, Attorney Singh approached the prosecutor and laid out his case, essentially showing that there was very little chance he could prove his case. The prosecutor agreed and dismissed the case completely.

Monday, June 16, 2014

Attorney Matt Murray Obtains Outstanding Outcomes In Three Cases:

1.  OWI - Third Offense reduced to Negligent Operation of Motor Vehicle


 RS was a commercial truck driver and charged with a third offense OWI.  He was therefore facing a lifetime disqualification of his commercial driver's license.  In the days before the jury trial, after several pretrial hearings attacking the evidence, the prosecutor finally agreed to amend the charge to a Negligent Operation of a Motor Vehicle, which carried no license revocation and saved RS' career.

2.  OWI - First Offense reduced to Inattentive Driving


 Another commercial driver, NK, was charged with OWI- First Offense after being pulled over for allegedly squealing his tires.  NK adamantly stated that he never squealed his tires.  Attorney Murray obtained a copy of the squad video and pointed out that the smoke observed actually came from the exhaust and not the tires. The charge was amended to an Inattentive Driving citation.  Another license saved.

3.  OWI - Third Offense with .328 Blood and accident reduced to First Offense with no jail


 TG was in big trouble.  It was his third offense, his blood test came back at .328, he had rear ended another car, and was also charged with refusing the blood test.  The officer also tagged on an Inattentive Driving ticket.  He was facing substantial jail time and was rightfully scared.  Attorney Murray reopened TG's second offense and had it dismissed because the municipal court that entered the judgment did not have jurisdiction.  The third offense was then dropped to a first offense and TG served no jail at all.  The prosecutor was not pleased and wanted TG to then plead to both the Refusal charge and the OWI - First Offense.  Attorney Murray then pushed the case until the Refusal and Inattentive Driving charges were also dismissed.  Another very happy client.

Friday, June 13, 2014

June 11, 2014: OWI-1st/PAC-1st (with .164 Blood Test Result) Reduced to Speeding Ticket

Our client, TK, came to us with a case that had some very difficult facts. Observed by an officer to be speeding at 2:30 in the morning, TK initially did not pull over in response to the officer's lights. According to the officer, TK traveled more than a mile before he pulled over. This resulted in TK being charged criminally for Failing to Stop for an Officer. What's more, TK allegedly failed the field sobriety tests and had a blood alcohol level more than twice the legal limit. Despite the damning allegations, TK had to do whatever he could to keep a drunk driving conviction off his record. His job (and career) depended on it. TK sought advice from his civil attorney in finding the best drunk driving attorney in Wisconsin. The attorney provided only one name: Dennis Melowski.

When Dennis started digging into the case, he began to realize that the case against TK was not quite as strong as it initially seemed. The officer's squad video contradicted some of his claims about TK's performance on the field sobriety tests and it even called into question whether TK would have been able to see the officer's squad lights from the rear when he "failed to stop." Dennis filed several legal challenges on TK's behalf and a motion hearing was ultimately held in front of the judge. At this hearing, Dennis devastated the officer on cross-examination and was able to severely weaken the State's case. At the conclusion of the hearing, the judge ordered both sides to brief the issue of whether the motions should be granted based on how the officer testified. Dennis filed his brief and, within a week of doing so, got a call from the prosecutor offering a fantastic deal. The prosecutor agreed to drop the drunk driving charges in exchange for TK pleading no contest to a simple speeding ticket. In addition, the criminal charge of Failure to Stop for an Officer was amended to Obstructing an Officer, which will not appear on TK's driver record. Aside from paying some fines, TK suffered no consequences from this incident. More importantly, he is not a convicted drunk driver. He couldn't be happier.

Tuesday, May 20, 2014

May 15, 2014: Jury Finds Client NOT GUILTY in OWI-2nd Case (with .10 breath test result)

The prosecutor in this case made our decision to go to trial a very easy one. He would not agree to reduce AH's drunk driving charge to a lesser offense and would not make any meaningful concessions in the sentence he was seeking. So he lost the case instead. After poking hole after hole in the arresting officer's explanation of events, Dennis Melowski quickly made the State's case against AH fall apart. Dennis even caught the arresting officer red-handed on police department video skipping a very important part of the breath test procedure, a misstep that seriously called into question the accuracy of the result. In the end, it took the jury only 20 minutes to find AH NOT GUILTY of all charges. Sometimes the State has to learn the hard way and Dennis is more than happy to teach them. And AH is even happier.

Tuesday, May 13, 2014

6 More Clients Avoid Drunk Driving Convictions

Our attorneys have been on an absolute tear lately. All of the following fantastic results have occurred just in the last 2 months:**

1) OWI-1st/PAC-1st (with .11 blood test result) Reduced to Inattentive Driving and Speeding

This case was a major victory for DG, one of our many out-of-state clients. Had he been convicted of the original drunk driving charges, he would have been facing drastic consequences in his home state, consequences that would have likely led to him losing his job and profoundly impacting his ability to gain similar employment in the future. The stakes were very high in this case. After several months of intense negotiations with the prosecutor, Dennis Melowski was able to convince the prosecutor to drop the original charges to minor traffic offenses based on numerous holes Dennis was able to uncover in the case. Based on the deal Dennis worked out,  DG suffered no penalties other than fines and never lost his license for a single day. 

2) OWI-1st/Refusal of Chemical Test Reduced to Non-Alcohol-Related Town Ordinance Violation

Our client, SD, came to us with a very difficult set of facts. He had been called in by another driver who followed him all the way to his house. Ultimately the police responded and SD was allegedly found passed out in his driveway. The police believed they had a "slam-dunk" drunk driving case on their hands and quickly arrested SD. In their haste, however, the police made some mistakes in their investigation and we were able to develop an issue as to whether the cops had authority to go on to SD's property in the first place. Also, SD never actually refused to submit to the blood test, contrary to the officers' claims, a point we were able to very successfully leverage in negotiations with the prosecutor. In the end, it became apparent to the prosecutor that there were legitimate issues in SD's case that made it far more trouble to prosecute than it was worth. Ultimately, we were able to convince the prosecutor to agree to an outstanding resolution of SD's case. The original drunk driving and Refusal charges were dropped. In exchange, SD agreed to plead no contest to a newly issued municipal ordinance violation for Disorderly Conduct, an offense which will not even appear on SD's driver record. Aside from paying a fine, SD suffered no consequences from his arrest. He could not have been happier with this terrific outcome. (To read SD's review of our work in his case on an independent lawyer rating website, click here:  http://www.avvo.com/attorneys/53081-wi-dennis-melowski-1523763/reviews.html).

3) First Offense (with .249 blood test result) Reduced to Inattentive Driving for Police Officer Client

Much of our unmatched success in defending accused drunk drivers is due to our proven ability to completely dismantle and discredit police testimony in court. Often, we must be confrontational with the police to effectively represent our clients, which can sometimes lead to strained relations with the officers. Ironically, however, we have had countless clients referred to us over the years by police officers. Whether family members or friends, these officers want the best possible representation for the people closest to them. In short, perhaps more than anybody, the cops on the front line know who the most effective attorneys are. They either see it with their own eyes in court or they hear about it from other officers. Several times, we have even represented officers themselves who have had the misfortune of being arrested for drunk driving, which was the case with our client, HM. HM had been involved in a serious accident in which she sustained injuries. Although the accident was not her fault, a blood test during medical examination following the crash revealed that she had an alcohol level of .249 in her blood, a result that was more than 3 times the legal limit. The blood test evidence was very damning and it became the central focus of the case against HM. After much research and countless hours going through the blood evidence, we were able to find several significant reasons to question the validity of the result. Months of intense negotiations with the prosecutor produced a fantastic result for HM. The drunk driving charged was dropped. Instead, HM plead no contest to Inattentive Driving, a minor traffic offense which carries no loss of license. HM was spared the career-ending stigma of a drunk driving conviction and is still employed as a police officer. 

4) OWI-1st/Refusal Of Chemical Test Reduced to Reckless Driving and Operating Left of Center

This case is another example of our complete devotion to accomplishing our clients' goals, regardless of how long it might take. KD's case was more than two and a half years old when we finally worked out the deal that saved his job. Despite heavy resistance, we were able to finally convince the prosecutor to drop the original drunk driving and Refusal charges in exchange for no contest pleas to reduced charges of Reckless Driving and Operating Left of Center. How? By closely examining the video of KD's alleged refusal of the breath test at the police station, we were able to identify several misleading and erroneous comments made by the officers that played a factor in KD's alleged refusal of the test. In short, the cops screwed up and we could prove it with their own video evidence. Without the Refusal charge, the prosecutor knew he would have a very difficult time in prevailing on the OWI charge, which prompted this great resolution. As a side benefit to KD, due to the age of his case when it was resolved, the points associated with the 2 reduced charges no longer would count against his driver record. Another VERY happy client.

5) Commercial Driving Client Avoids Lifetime CDL Disqualification; Second Drunk Driving Charge (with .174 blood test result) Amended to Non-Alcohol-Related Misdemeanor Offense

Although only 27, JS was staring down his second drunk driving charge. Because of this, JS was facing lifetime disqualification of his commercial driving privileges. This would not only mean the immediate loss of a well-paying commercial driving job, it would also mean that JS would never drive commercially again. Ever. JS could not bear the thought of such a harsh consequences. Fortunately, a close friend of JS' was a former client of Dennis Melowski's whose commercial driving career Dennis had saved. This former client urged JS to not give up hope and to call Dennis right away. JS took his friend's advice and it was the best decision he ever made. Dennis was able to convince the prosecutor to drop the original drunk driving charges in exchange for JS' plea of no contest to a newly issued misdemeanor charge of Negligent Operation of a Motor Vehicle, which would not even appear on JS' driver record. JS was placed on probation for one year and had to pay a fine, but he never lost his license for a single day; didn't have to spend a single day in jail; and his commercial driving privileges remain fully intact. And he still has his job. 

6) OWI-1st/PAC-1st (with .12 breath test result) Reduced to Inattentive Driving

Few professions are hit harder by a drunk driving conviction than commercial airline pilots. A drunk driving conviction is viewed as such a black mark for a commercial pilot that it can be a death sentence for a pilot's career. That's the situation our client, RC, found himself in. At 52, RC couldn't afford to start looking for a new career. Being a pilot was all he had ever known. RC knew he would have to do whatever he could to keep this unfortunate incident from ruining the rest of his life. After extensive research, and after interviewing many very good attorneys, RC decided that Melowski & Associates was his only hope. It was a decision RC will never regret. After slugging the case out for more than a year, the prosecutor finally gave up seeking a conviction on the original drunk driving charges.Instead, RC agreed to plead no contest to Inattentive Driving, a non-alcohol-related, minor traffic offense that would have no impact on RC's driving privileges. Even more important, it would have no impact on RC's pilot license and would result in no repercussions from the FAA. RC's flying career was saved. It was the exact outcome he was hoping for.

**This truly is a remarkable string of successful results in some very difficult drunk driving cases. If you are calling around and talking to other attorneys, please ask them to identify the outcomes of drunk driving cases they have resolved in the last few months. Make them be specific. Our guess is that you will not hear anything close to this. If they tell you at all.

     

Monday, April 21, 2014

March 18, 2014: Jury Finds Client Not Guilty of All Charges in OWI-2nd Case (with .11 Blood Test Result)

Our client, JB, had a lot riding on this case, a fact Dennis Melowski was well aware of before he even agreed to take it on. JB's job was literally on the line. As an electrician for a large electrical contracting firm, JB was required to drive company-owned vehicles on a moment's notice. A conviction for a second drunk driving offense would have made that impossible, given the mandatory ignition interlock requirement and long waiting period for an occupational license JB was facing. Unfortunately, the DA's office with whom Dennis Melowski was dealing wouldn't budge during pretrial negotiations. Given the allegations against JB, they thought they had a slam-dunk case. JB had been stopped for having a burnt-out headlight and supposedly failed the field sobriety tests on camera, in addition to having all of the classic "impairment indicators" (slurred speech, bloodshot eyes, slow/deliberate movements, etc.). On top of all that, JB's blood test result came back at .11. In short, the DA's office felt a jury would easily convict JB when presented with all of the evidence.

But as countless prosecutors who have had jury trials against Dennis Melowski have learned, no case is ever as strong as they think it is. In fact, it is the seemingly blind faith that prosecutors have in their police witnesses and blood test evidence that Dennis likes to take advantage of. And there may not be a more compelling example of this than the outcome in JB's case. All of the "slam-dunk" evidence the prosecutor was so certain would be JB's doom turned out to hold the keys to JB's complete exoneration. The squad video evidence? Dennis used that to catch the arresting officer in numerous lies and half-truths that seriously called into question the officer's credibility. Dennis' cross-examination of this officer was so effective that it became the talk of the courthouse for a few days after the trial. The blood test result? Dennis was able to get the unprepared analyst to admit to several shortcomings at the lab that went directly to the validity of the result in JB's case. Dennis was even able to get the analyst to admit she made a mistake in one of the calculations she did during her testimony in front of the jury! By the time Dennis was through with the State's witnesses, the case against JB went from a slam-dunk conviction to a complete acquittal. The jury found JB NOT GUILTY of all charges. It was the best possible outcome for JB. And he deserved it.

Friday, April 4, 2014

Client found not guilty at trial in OWI 1st with .198 blood test



Prosecutors often leave you no choice. They give you one option- plead to the drunk driving.  That's it. And let's be honest, it's not much of a choice. That was exactly what HC was presented with when charged with OWI. Unfortunately, an OWI conviction would be devastating to HC. She possessed a commercial driver's license and owned a trucking company. A conviction meant catastrophe for her business and livelihood. After substantial research, she reached out to our firm and sat down with Attorney Sarvan Singh. She presented her paperwork, which included a blood test of .198. Attorney Singh appealed to the prosecutor. Given how much HC stood to lose if convicted, it seemed only right to amend the charge. Unfortunately, the prosecutor dug in and forced the matter to jury trial. At trial, Attorney Singh made quick work of the prosecution's witnesses and then obliterated their case in his closing. It was a convincing argument as the jury came back with a not guilty verdict on both counts. After the verdict was read, HC could not stop crying with joy. As she repeatedly said, hiring Sarvan was one of the best decisions she had ever made.

Tuesday, March 11, 2014

Attorney Singh Picks Up Right Where He Left Off In 2013

Readers of our blog know that Attorney Sarvan Singh ended 2013 on quite a tear, obtaining  amendments in several difficult cases. It appears the beginning of 2014 is no different.




Attorney Singh has OWI First with .125 blood test amended to a simple traffic citation

Often, motorcycle accidents leave lifelong injuries. Take MB for example, who was touring Northern Wisconsin with friends when his bike hit a patch of gravel and veered off the road. Without a helmet, MB suffered grievous injuries to his head and face. To make matters worse, when officers caught up with him forty five minutes later, they charged him drunken driving. While recuperating, he came across Melowski & Associates' website and read a summary of their successes. MB contacted Attorney Sarvan Singh to see how he could help. As MB recited the facts of the evening, one particular part stuck out. Sarvan knew this unique fact would make all the difference in the case, so he sat on it and let the matter proceed to trial. On the eve of trial, he sprung it on the prosecutor and explained how this would be a possible defense. The result was amending the OWI to a simple four point traffic violation. MB now focuses on his physical therapy and not on a potential life-altering OWI conviction.




Attorney Singh has OWI- Third Offense with .185 blood test amended to OWI First with no requirement for the ignition interlock device

Sometime cases are just flat-out bad. An attorney can look at it every way imaginable and be left with the undeniable conclusion that the case is simply indefensible. That was exactly the type of case VT had when he walked into our office. Bad driving, bad field sobriety tests and a blood result of .178.  Add to these facts that this was a third offense and VT was looking at substantial jail and license revocation. After considering every possible way of defending the case, Attorney Sarvan Singh opted for a different strategy. He began to scour her prior convictions and discovered one of her prior offenses may be susceptible to attack.  He filed a motion and challenged her second offense. After a lengthy process (nearly two years) the prosecutor conceded the motion. To help move matters along, the prosecutor also agreed to no ignition interlock device (IID). So, VT went from an indefensible third drunken driving charge to a first offense with no jail nor an IID. VT was absolutely thrilled with the result.  



Attorney Singh gets an OWI with Refusal reduced to a Reckless Driving

One would think that if a person spends nearly sixty-five (65) years working hard, paying taxes and obeying the law, the government, at some point, should give him a break. That was JS. He has been a fruitful and productive member of society his entire life. Then one day, after leaving a McDonald's drive-thru, he was detained for operating while intoxicated. JS explained he was older, had numerous health problems, and would not pass any field sobriety tests. The officer claimed JS was being uncooperative and refusing the test, so JS was additionally cited with a Refusal. One would think given JS's age and lack of criminal record, the government would simply amend the OWI. Sadly, that wasn't the case and the prosecution forced JS's hand. He hired Sarvan, who took the case in parts. He first contested the Refusal and won (which is a very difficult task in its own right) and then turned his attention towards the OWI. After pointing out the vast number of things the officer got wrong, the prosecutor finally agreed to amend it. Given all JS has done right, it only seemed fair that he finally get a break from the government, and he did, with some help from Melowski & Associates.