Wednesday, November 2, 2016

6 More Clients Avoid Drunk Driving Convictions Across the State*

Case #1: Complete Dismissal of Charges in OWI-1st/PAC-1st Case (with .25 blood test result)

Dennis Melowski's client, LB, is employed as an electrical power lineman. A very dangerous field, but also one that is very well-paying. This line of work typically requires a valid commercial driver's license or CDL. As most CDL holders are well aware,  nothing is a greater threat to their livelihood than a drunk driving conviction, which results in a one-year CDL disqualification for a first offense and a lifetime disqualification for a second. So when LB got arrested for his first-ever drunk driving charge, he knew he would have to fight it because his very career was at stake. 

Initially, LB's case looked very bleak. His vehicle was reported by another motorist as driving erratically. He also failed the field sobriety tests on camera and made a number of incriminating statements to the officer. On top of it all, his blood test came back at .25, more than 3 times the legal limit. Despite the uphill battle, Dennis Melowski crafted his plan of attack. Arguing that LB was not legally intoxicated was likely a lost cause, so Dennis focused his attention on a legal issue that had the potential of eliminating the entire case against LB. Keeping his strategy carefully hidden, Dennis proceeded with LB's municipal court trial in an effort to pin down certain witnesses to build his case. Dennis even led the prosecutor to believe that his defense was headed in an entirely different direction than it was, so as to maximize his chances of catching the prosecutor off guard when the case got to circuit court. Dennis' plan worked to perfection. At a hearing before the circuit court judge, Dennis argued that there was not a sufficient basis for the officer to detain LB in the first place, since the motorist who reported LB  told the dispatcher they wished to remain anonymous. An anonymous call to the police, with nothing more, is an insufficient reason for the police to detain you. After listening to Dennis' arguments, the judge agreed and threw out all of the evidence the police had gathered against LB, including his .25 blood test. As a result of the judge's ruling, all of the charges against LB were completely dismissed. And his career as a power lineman is thriving.

Case #2: OWI-1st/PAC-1st (with .18 breath test result) Reduced to Reckless Driving

This was also a case with difficult facts. PW was stopped for leaving the scene of a minor traffic accident. She allegedly failed the field sobriety tests and had a breath test result of .18, more than twice the legal limit. Nevertheless, she had to do whatever she could to avoid a drunk driving conviction. As a Registered Nurse Hospital Consultant, PW traveled the country helping hospitals implement the latest training to their nursing staffs. Well-regarded in her field, PW was highly sought-after and had a lucrative career. Unfortunately, her drunk driving arrest threatened all that. Not only would she suffer an irreparable hit to her reputation if convicted, her driving privileges would be revoked and she would be required to install an ignition interlock device in her vehicle, making her extensive travel needs nearly impossible to meet. Fortunately, after much research, PW was referred to Dennis Melowski by multiple sources due to his unmatched reputation in his field. And it was Dennis' reputation that resulted in the fantastic outcome in PW's case. Despite the many factual hurdles, the prosecutor handling the case was well-aware of the success Dennis has had against the officers from the particular police agency involved in this case. Rather than risk losing the whole case, the prosecutor agreed to reduce the drunk driving charge to Reckless Driving, a non-alcohol-related traffic offense that carries no license loss and no ignition interlock requirement, just a fine. Not only were PW's driving privileges completely spared, so was her hard-earned reputation. Needless to say, she couldn't be happier.

Case #3: OWI-1st/PAC-1st (with .14 blood test result) Reduced to Two Minor Traffic Tickets

Few professional reputations can suffer more from a drunk driving conviction than physicians, particularly surgeons. Such a conviction can result in professional discipline, the loss of hospital privileges, and a black mark that will scare off potential employers for years. For these reasons, the client's initials will not even be used in this post, nor will any specific circumstances of the case be described. Suffice it say, though, this was a particularly difficult set of facts. However, at a contested motion hearing, Dennis Melowski was able to expose just enough potential problems with the prosecutor's case to lay the groundwork for an outstanding result. After extensive negotiations, Dennis was able to convince the prosecutor to drop the original OWI and PAC charges. Instead, the client would plead no contest to two minor traffic tickets: Inattentive Driving and Unsafe Lane Deviation. Aside from paying a fine and agreeing to some community service work, this client suffered no consequences. Their professional reputation remains fully intact, as do their full hospital affiliations.

Case #4: Complete Dismissal of ALL Charges in OWI-1st/PAC-1st Case (with .09 blood test result and prescription drugs)

Sometimes clients choose to fight their case because they simply cannot fathom the thought of being a convicted drunk driver. That was primarily the case for our client, LW. Although mostly retired after a successful career in a variety of business ventures, LW still served on a few boards and was involved in a number of community programs. She couldn't bear the thought of what a drunk driving conviction would do to her reputation, so she decided to fight it. And Dennis Melowski delivered for her in a big way. Based on the officer's own squad video, Dennis did not believe there was probable cause for LW to be arrested in the first place. After Dennis expertly cross-examined the officer in court, the judge agreed. All of the evidence in the case was then thrown out and all of the charges against LW were dismissed. It is difficult to put into words just how happy LW was with the result Dennis achieved, so we thought she could tell you in her own words. This was the note of thanks Dennis received shortly after he delivered the great news to his client:
Hi Super Hero, 

I hope you received my "thank you a million!!" voicemail yesterday.  I left you my joyous regards and wasn't sure at the end because it was a long message that it sent as the usual "do you want to send with regular delivery" robot didn't come on 

I am like a different person since you sent me the great news!  It's not like jumping up and down's like "peaceful feeling, relaxed face and shoulders from no more strife and worry" feeling.  I was stunned and still am I think.  I knew you were brilliant but this result made you like a  
Anyways, I am amazed at you being such a wonderful champion for me.  I've always been a career champion to others but had never needed anybody to do something for me, and did I mention in my message that I was there for the trial.  NOT in the courtroom but I drove down that night and stayed at my Clarion Suites, pacing so much that finally my friends took me out to calm down on their yacht. 

 I am good people, you are good people, and I hope always for those who may or not be good.  That they will become good at some point. Life is better when you are good to others.  Enjoy your weekend.

Case #5: OWI-1st/Refusal of Chemical Test Reduced to Minor Traffic Ticket and City Ordinance Violation

Another CDL client's career was saved in this case. JB was charged with drunk driving and refusing a breath test after being stopped for speeding more than 20mph over the limit. This was a major problem for JB given his employment as a waste disposal driver for a large corporation, a great job with even better benefits. And it was all in jeopardy due to JB's arrest. In fact, as soon as his company found out about it, they relegated JB to a non-driving position at half the pay. They also made it clear that he would be fully terminated if convicted of either the OWI or Refusal offenses. Thanks to Dennis Melowski's exceptionally shrewd lawyering, that never happened. Dennis was able to convince the prosecutor to reduce the OWI charge to Inattentive Driving, a completely non-alcohol-related, minor traffic offense that carries no license loss. In addition, Dennis got the Refusal charge reduced to a local city ordinance violation that would not even appear on JB's driver record. As a result of this amazing resolution, JB is back to driving full-time. And is one VERY happy client.

Case #6: OWI-1st/Refusal of Chemical Test Reduced to Minor Traffic Offense

This was another outcome that saved the client's career. LJ is a very successful IT consultant. He travels the country helping a variety of businesses with their IT needs. Given his almost constant need to rent cars, a valid driver's license is a necessity. Without one, LJ would lose his job...and a LOT of money. So when LJ picked up an OWI and Refusal of chemical test charge, he had to find the best attorney in the state to fight it. Most of our clients are referred to us and LJ was no exception. He had been told by every source he consulted that there was only one firm for the job: Melowski & Associates. And the firm definitely didn't disappoint. After more than a year of legal wrangling, Dennis Melowski was finally able to negotiate a fantastic, and career-saving, outcome. The original OWI and Refusal charges were dropped in exchange for LJ's plea of no contest to a single minor traffic ticket for Inattentive Driving. Aside from paying a fine, LJ suffered no consequences. Not only did he completely avoid the stigma of a drunk driving conviction, his career is stronger than ever. He couldn't be happier.

*These results occurred in the following counties, in no particular order: Dane, Marathon, Sheboygan, Fond du Lac and Racine.