Thursday, March 1, 2018
12 More Clients Avoid Drunk Driving Convictions in Counties Around the State
When we say we handle cases all over Wisconsin, we mean it. In just the past few months, our statewide reputation for excellence has allowed our clients to avoid drunk driving convictions in all of the following counties : Winnebago, Waukesha, Eau Claire, Green Lake, Outagamie, Sheboygan, Racine and Vilas. Here are their outstanding results:
This case is the perfect example of the lengths to which our firm will go to accomplish our clients' goals. SK came to us charged with her third drunk driving offense. By closely examining the court records from her second offense years earlier, Dennis found a way to successfully attack that prior conviction. By doing that, SK's first offense became too old to count, which meant Dennis was able to have the OWI-3rd reduced to just an OWI-1st. While most attorneys would be thrilled with such an outcome, Dennis kept fighting the case because he knew his client did not want to be convicted of drunk driving. Through months of continued litigation and negotiation, Dennis was able to get the prosecutor to reduce the OWI to a simple Reckless Driving ticket and SK avoided a drunk driving conviction altogether. If you are speaking with other attorneys about representation for your drunk driving case, please ask them to tell you about the last time they were able to achieve a result like this. And make them be specific.
KJ was facing several serious drug-related driving charges, as well as criminal charges for possession of marijuana and possession of drug paraphernalia. After going through the squad video evidence with a fine-tooth comb, Dennis Melowski discovered that KJ was subjected to an unconstitutional detention while a K-9 unit was summoned to the scene to search his vehicle. In short, at the time the K-9 unit was called, the officer who stopped KJ did not have probable cause to detain him for anything. Dennis filed a motion with the judge arguing this very point. After a contested hearing in which all of the officers involved testified, Dennis was able to convince the judge that he was right. The judge granted Dennis' motion and all of the evidence against KJ was thrown out. As a result, all of the charges were dismissed as if they never happened in the first place.
CL was referred to Dennis Melowski by a former sheriff's deputy Dennis had a jury trial with years ago. Cops have a very good sense for who the very best defense attorneys are because they have an opportunity to see their skill level first-hand in court. This particular retired deputy has referred several clients to Dennis over the years and Dennis has never disappointed. And CL's case was no different. Despite some very difficult facts, including a serious accident and a blood test well above the legal limit, Dennis was able to expose enough problems in the case to convince the District Attorney that a conviction on the original charges was in jeopardy. Dennis was able to negotiate a fantastic resolution: the OWI and PAC charges were dropped in exchange for CL pleading no contest to the minor traffic offenses of Inattentive Driving and Deviation from Designated Lane. CL never lost his license for even a single day and his CDL remained fully intact. He was VERY happy with this result.
This is a follow-up to a previous entry on our Real Results Tracker from June of 2017. Last June, Dennis took CR's case to a jury trial in Waukesha County and won not guilty verdicts for charges of OWI-3rd/PAC-3rd and Operating with Restricted controlled Substance-3rd. It was a complete exoneration by the jury for CR. But there was still a charge of Refusal of Chemical Test that had to be decided by the judge. After extensive briefing, the judge ruled in CR's favor and dismissed the Refusal charge, the last charge remaining. Another complete exoneration for CR, who walked out of this case with literally no conviction for anything. It was a complete and utter victory across the board. As we have said repeatedly, if you are considering another firm for representation in your drunk driving case, ask them the last time they took a case like this to trial and won it. And also won the Refusal hearing. Make them be specific. Their dancing around the question will tell you all you need to know.
This was a case that Dennis was able to resolve so successfully because of the case he won this past summer in the Wisconsin Supreme Court. By crafting a creative legal argument based largely on that decision and extending it to the facts of BE's case, Dennis convinced the prosecutor that he would not be able to prevail at a refusal hearing, which would in turn significantly jeopardize his chances for conviction on the OWI charge as well. Rather than risk a complete loss, the prosecutor agreed to drop the OWI and Refusal charges in exchange for a no contest plea to Reckless Driving. BE paid a fine, but otherwise suffered no consequences. Most importantly, he avoided becoming a convicted drunk driver.
Very few attorneys know the intricacies of Wisconsin's drunk driving laws as well as ours. Even fewer have the litigation skill necessary to leverage that knowledge into truly outstanding results for their clients. GH's case is a great example of the benefits of hiring a law firm that truly is at the very top of its field. GH came to Dennis with very difficult facts, especially as they related to his refusal of chemical test charge. However, by exploiting a mistake the officer made in the preparation and service of an important document, Dennis created a crack in the case that soon became a giant hole. Dennis was able to use this to negotiate a dismissal of the OWI and Refusal Charges in exchange for a no contest plea to Operating Left of Center, a very minor traffic offense. GH could not possibly be happier with this outcome.