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.