Tuesday, February 7, 2017
10 Weeks, 10 Clients Avoid Drunk Driving Convictions: Check Out the Truly Amazing Results We have Obtained for our Clients in just the last 2+ Months
AB came to us with a very difficult set of facts. He was found by the police passed out behind the wheel of a running vehicle parked in a lane of travel and performed poorly on the field sobriety tests, on camera. Despite the bleak outlook, AB had to fight his case because his job required driving a company vehicle and having fully valid privileges at all times. Through exhaustive questioning at AB's administrative suspension hearing, and intimate knowledge of proper police procedure, Dennis Melowski was able to lay the groundwork for two legal challenges in the case. Dennis was able to use these challenges as leverage to negotiate a fantastic result in AB's case. Just moments before AB's motion hearing was set to begin, Dennis convinced the prosecutor to reduce the OWI charge to Reckless Driving and to dismiss the remaining PAC charge. AB avoided any loss of license; avoided the mandatory IID installation; and, most importantly, avoided any type of alcohol-related conviction. Aside from paying a fine, AB suffered no consequences and still has his job.
AW was another client whose job depended on avoiding a drunk driving conviction and Dennis Melowski delivered in a major way. In a very difficult county, with an even more difficult prosecutor, Dennis was able to to successfully convince the judge that the arresting officer did not have proper grounds to have AW exit his vehicle to submit to field sobriety tests in the first place. As a result of the judge's ruling, all of the the evidence in AW's case, including the .14 blood test result, was thrown out and both the OWI and PAC charges were completely dismissed. It was the best possible outcome for AW because it is as if the charges were never issued. An amazing result...and an EXTREMELY happy client.
JJ was yet another client who had to avoid a drunk driving conviction to save his job. And he, too, had a very challenging set of facts. Stopped for going more than 25mph over the speed limit and crossing the centerline, these were not even the worst facts Dennis Melowski had to contend wit. There was also a very damaging squad video and a blood test result that was nearly 3 times the legal limit. Despite what seemed to be far too many hurdles to overcome, Dennis was able to successfully convince the judge that JJ was unlawfully arrested...and he used the officer's own squad video to do it. Dennis was able to show the judge that JJ was, in fact, placed under arrest before the field sobriety tests were even conducted. As a result of the judge's ruling agreeing with Dennis, ALL of the evidence in JJ's case was thrown out and all charges were dismissed. Like the incident never happened in the first place. JJ was actually moved to tears at this outcome. Another VERY satisfied client.
You may be sensing a theme. Most of our clients hire us because of very serious employment or professional concerns. And DD is yet another example. Having both a job that required a company vehicle and being a member of the Army Reserves, DD was highly motivated to fight his case for multiple reasons. And despite having a breath test result that was twice the legal limit, Dennis Melowski was able to negotiate an extremely favorable outcome. Due to some creative legal challenges Dennis was able to develop, he was ultimately able to convince the prosecutor to drop the original OWI and PAC charges in exchange for DD pleading no contest to the minor traffic offense of Inattentive Driving and a non-traffic local city ordinance that wouldn't even appear on DD's driver record. Aside from paying some fines, DD would suffer no consequences. He completely avoided a drunk driving conviction; mandatory IID installation; and mandatory license revocation. If you ask DD, he will tell you that hiring Melowski & Associates was one of the best decisions he has ever made.
Despite KS's arrest occurring in a notoriously tough county, Dennis Melowski was able to negotiate an outstanding resolution of his case based on a significant procedural error made by the officer that Dennis was able to uncover that threatened the ability of the prosecutor to proceed with the Refusal charge. Dennis leveraged this into a reduction of the OWI charge to the non-alcohol-related offense of Reckless Driving and a complete dismissal of the Refusal charge. Aside from paying a fine, KS suffered no consequences and never lost his license for a single day. Needless to say, he was thrilled with this outstanding result.
A second offense drunk driving charge carries significant penalties: mandatory jail time; 12-18 month license revocation; a fine and costs well over $1,000.00; lengthy IID installation; alcohol assessment and counseling; and a permanent entry on the driver's record. In this case, Dennis Melowski's client, JJ, avoided all of that. Although there was an accident involved, some difficult video evidence and even K-9 evidence, Dennis was ultimately able to negotiate a truly outstanding resolution for his client. In exchange for a no contest plea to Reckless Driving and Obstructing an Officer, the original OWI-2nd and PAC-2nd charges were completely dismissed. All JJ had to do was pay fines that totaled approximately $800. No jail; no license revocation; no IID installation; no counseling; not even probation. And, best of all, no drunk driving conviction.
Mission accomplished for our client, JP. As a small business owner, JP is required to travel extensively (in state and out) to meet his company's needs. The mandatory license revocation he was facing for his first-ever drunk driving charge would be a huge blow to his company's success. He no longer has to worry about that thanks to the outstanding result Dennis Melowski obtained in his case. After a devastatingly successful cross-examination of the arresting officer at JP's municipal court trial, the prosecutor knew that a conviction on the OWI charge in circuit court was in grave doubt, so he finally agreed to a result for JP that completely avoided a drunk driving conviction and resulted in no license loss. Under the terms of the agreement, JP would plead no contest to reduced charges of Reckless Driving and Imprudent Speed with the only penalty being two fines. Another very real result for a very happy client.
This was a major victory for Dennis Melowski's client, JK. As the head of a local public works department, JK was required to have a valid CDL for his well-paying job. Unfortunately, a drunk driving conviction results in an automatic 1-year disqualification of CDL privileges. The only way JK could salvage his career would be to not be convicted of either the OWI or the Refusal charge. And Dennis Melowski delivered. This was another case that occurred in a difficult county, with a difficult prosecutor. Nevertheless, Dennis' relentless pursuit of a legal challenge to dismiss the Refusal charge finally paid off when the prosecutor agreed to resolve JK's case with a reduced charge of Reckless Driving. This was after JK's first lawyer fought the case for nearly a year and made no headway. This is the difference superior lawyering can make. Just ask JK.
This fantastic result for our client, CT, occurred in a Milwaukee County municipality with a well-known reputation for being very inflexible when it comes to negotiating drunk driving cases. But it only took one cross-examination of the arresting officer by our firm in court for the prosecutor to realize what they were up against. After significantly undermining this officer's credibility at a contested motion hearing, the prosecutor had little choice but to agree to our terms of resolving the case with a simple minor traffic ticket for Inattentive Driving. As an up-and-coming professional with a very bright future, CT was absolutely thrilled with this result. You will be reading his 5-star review of Dennis Melowski's work in his case in the very near future.
This outstanding result was negotiated with a prosecutor who is very familiar with Dennis Melowski's success rate at trial. Knowing that Dennis had already locked the arresting officer in with some very favorable testimony at RI's administrative suspension hearing, and not wanting to risk losing the whole case at a contested trial with Dennis, the prosecutor did the prudent thing and settled the case. Under the very favorable terms Dennis negotiated, RI would completely avoid an alcohol-related conviction and avoid all of the consequences associated with the original charges. He could not be happier. In fact, he was SO happy that he posted the following 5-star review of Dennis' work on the independent lawyer rating website Avvo: