Thursday, September 21, 2017

Third Offense with mandatory 45 days jail dropped to First Offense with no jail

TH's first two offenses were in 1993 and 1995. Unfortunately, after 22 years of being a model citizen, she was recently arrested for a third offense and was now facing between 45 days and 1-year jail and all the other enhanced penalties that come along with a third offense.

After pouring over the discovery, Attorney Murray was able to find an attack on TH's 1995 offense. TH offered to plead to a first offense if the prosecution would concede the argument but the District Attorney's Office refused.

*A second offense committed more than 10 years after the first offense is considered another first offense. Any offense committed thereafter, even 50 years down the road, is considered a third offense.

Attorney Murray then filed the challenge to the 1995 conviction along with three other motions challenging the arrest, the administration of the Horizontal Gaze Nystagmus test and the Informing the Accused form used to ask individuals to submit to a blood draw. The morning of the motion hearing the prosecutor finally agreed to Attorney Murray's initial proposition. TH was so happy she hugged Attorney Murray and told him she was so happy she could kiss him. We are pretty happy too. This was another great result.

Monday, September 11, 2017

8 More Clients Avoid Drunk Driving Convictions in Cases Ranging from OWI-1st to OWI-3rd

Case #1: OWI-3rd/PAC-3rd (with .186 blood test result) Reduced to Non-Traffic                  Misdemeanor

This was a case Dennis Melowski litigated for 3 years because his client, GL, had a very good job as a sales rep that absolutely required a valid driver's license. Had GL been convicted of the original OWI-3rd charge, he would have lost his job immediately. Not only that, he would have been facing a several-month jail sentence; a 3-year license revocation; thousands of dollars in fines; and potentially years of IID-installation. All of this was avoided when, about a week before the scheduled jury trial, Dennis finally convinced the prosecutor to drop the drunk driving charges in exchange for a no contest plea to a reduced charge of Negligent Operation of a Motor Vehicle, which is a non-alcohol-related, non-traffic misdemeanor that would not even appear on GL's driver record. Aside from being placed on probation for one year and paying a fine, GL suffered no consequences. He never lost his license for even a single day and spent no time in jail. Most importantly, his career was saved. GL was enormously happy with this fantastic outcome, so much so that he posted the following 5-star review of Dennis' work on the independent lawyer-rating website AVVO: 

Professional and Amazing: 5.0 stars

If you are reading this and your are looking for the best, look no further. I was facing a 3rd OWI and I contacted Dennis Melowski and I can tell you that you wont find a more professional or understanding lawyer. I also can tell you first hand that Dennis will not give up even when it gets tough. There wasn't a time that my questions or phone call weren't answered. After almost 3 years Dennis was able to get me a AWSOME result, nothing on my driving record, minor fine. 
Thank you Dennis Melowski for my life back!!!!

Case #2: OWI-1st/PAC-1st Reduced to Minor Traffic Ticket; CDL Client's Career is Saved

MP has been an over-the-road truck driver for years. It's a lucrative business, but one that obviously requires a valid CDL. Had MP been convicted of the OWI or PAC charges he was facing, he literally would have lost everything. Fortunately for MP, he was referred to Dennis Melowski by a former client (also a CDL holder) whose career Dennis had saved. And Dennis did the same for MP. After extensive litigation at the municipal court level, Dennis was able to expose several significant holes in the prosecutor's case against MP, holes that ultimately allowed for an incredible result. MP was able to enter no contest pleas to a minor traffic ticket and a minor municipal ordinance violation which would not even appear on MP's driver record. Aside from paying fines, MP suffered no consequences. He never lost his license and his CDL remains fully intact. MP is a very satisfied client.

Case #3: Another Fantastic Result for a CDL Client: OWI-1st/PAC-1st (with .11 breath test result) Reduced to Reckless Driving 

JS was another over-the-road truck driver who resided in another state on the east coast. His routes took him all over the country. Like MP, JS was facing the end of his successful trucking business if he was convicted of the drunk driving charges he was facing. But Dennis Melowski made sure that didn't happen. Despite some difficult facts, Dennis was able to negotiate an outstanding resolution for JS that resulted in the OWI and PAC charges being dropped in exchange for a plea to a reduced charge of Reckless Driving. This resulted in no license loss for JS and absolutely no impact on his CDL. Thanks to Dennis, his business is still thriving.

Case #4: Complete Dismissal of OWI-1st/Restricted Controlled Substances; Posession of THC and Posession of Paraphernalia Charges 

KJ was stopped for speeding. After making some initial observations, the officer summoned a K-9 unit to the scene for a drug search of KJ's vehicle. Marijuana and drug paraphernalia were ultimately found and, after allegedly failing some field sobriety tests, KJ was arrested for not only the drug charges, but for Operating While Impaired by a restricted controlled substance (marijuana). After careful review of the video evidence, and after thorough questioning of the officers at a DOT hearing, Dennis Melowski discovered significant problems with the officers' handling of the roadside encounter. Dennis filed a number of legal challenges and, following several contested hearings, the judge ultimately ruled in Dennis' favor. Just as Dennis had argued, the judge determined that the officers did not have a sufficient basis to justify the K-9 search of KJ's vehicle, which meant the search was illegal and any fruits of that search (the drugs, the paraphernalia, the field sobriety tests and even the blood test that showed THC in KJ's system) were all thrown out. Because the prosecutor was literally left with no evidence in the case, ALL charges against KJ were dismissed. It was the best possible outcome for KJ. And he could not possibly be any happier.

Case #5: OWI-1st/Refusal of Chemical Test Resolved with Non-Traffic Misdemeanor for CDL/Power Lineman Client

Dennis Melowski has saved the careers of countless power linemen over the years. A dangerous but very well-paying career, most power line work requires a valid CDL. A drunk driving conviction (with its mandatory CDL disqualification) is typically a professional death senetnce in this line of work. That was the bleak prospect our client, AS, was facing when he was arrested and chrged with his first OWI, along with the equally problematic charge of refusing the subsequent blood test. A conviction on either of these charges would have meant the end of AS's budding career as a power lineman. But that never happened thanks to the hard work and shrewd lawyering of Dennis Melowski. After raising a number of legal challenges on AS's behalf, even the prosecutor assigned to the case was forced to concede that there were significant problems with how the arresting officer handled the investigation in AS's case. In the end, both the OWI and Refusal charges were dropped in exchange for a plea of no contest to a non-alcohol-related, non-traffic misdemeanor offense that would not even appear on AS's record. It was a fantastic result and one that accomplished AS's goal of saving his career.

Case #6: Yet Another CDL Victory: OWI-1st/PAC-1st (with .17 breath test result) Reduced to Two Minor Traffic Tickets

RZ owns and operates a successful excavating business that requires a valid CDL. A conviction on the charges he was facing would have ended that. Not only would his CDL have been disqualified, he would not be able to afford the exhorbitant insurance rates for all of the vehicles and equipment he owned that were essential to his business. In short, the stakes couldn't have been higher, which is the reason he hired Dennis Melowski to represent him after being referred by several others whom Dennis had helped over the years. And Dennis delivered in a big way for RZ. After a devastating cross-examination of the arresting officer at a pretrial motion hearing, the prosecutor knew her case would be in grave jeopardy if it went to trial. Rather than risking a complete loss, the prosecutor agreed to a resolution involving just two minor traffic tickets. RZ's CDL was spared and his business continues to thrive.

Case #7: OWI-1st/Refusal of Chemical Test Reduced to Two Minor Traffic Tickets

Talk about a lot at stake. Dennis Melowski's client, RW, has a great job with a large multi-national company that requires him to travel to Canada on a regular basis. It is very dificult to travel to Canada with a drunk driving conviction on one's record, since such an offense is considered a felony there. Any disruption in RW's ability to go to Canada would have resulted in his termination from a high-paid position. He had no choice but to fight his charges and he selected Dennis Melowski for the task. It was the best decision RW could have made. After discovering an issue that most lawyers would likely have missed, Dennis was able to leverage a fantastic result for RW. The drunk driving and Refusal charges were dropped. In exchange, RW entered no contest pleas to the minor traffic offenses of Inattentive Driving and Improper Parking Off Roadway. Aside from paying fines, RW suffered no consequences. He still has his job...and a trmendous amount of gratitude. Hiring the best almost always pays off.

Case #8: OWI-2nd/PAC-2nd (with .175 blood test) Reduced to Non-Traffic Misdemeanor

Dennis Melowski isn't even sure how he got the prosecutor to agree to the resolution in this case. It involved some very difficult facts. Dennis' client, NS, was found passed out behind the wheel of his vehicle in the middle of a county highway...across the centerline. He performed poorly on the field sobriety tests and had a blood test result more than double the legal limit. But after pushing the case to the brink of trial, Dennis was able to achieve a remarkable result. NS pled no contest to a reduced charge of Negligent Operation of a Motor Vehicle, an offense that does not involve any license revocation and will not even appear on NS's driver record. Sometimes the best lawyers get results simply because of their reputation for winning. Case in point.