November 29, 2012: OWI-1st (with .12 Blood Test Result) Reduced to Minor Speeding Ticket

For the last 7 years, KJB has enjoyed a great job with a large heating and cooling company as a commercial installer. The job requires KJB to drive a company van and travel extensively throughout Wisconsin and the adjoining states. The job pays well and has great benefits, but it also requires KJB to possess fully valid driving privileges at all times. The mere hint of a drunk driving conviction would result in KJB's immediate termination, despite his value to the company. This is because the company's insurance carrier forbids access to company vehicles or equipment for anyone with a DUI charge on the record. In this economy, no one can afford to be jobless. It's just too hard to find good work. So when KJB was stopped for speeding, failed the field sobriety tests and produced a .12 on his blood test, he was highly motivated to do whatever he could to avoid a drunk driving conviction--and save his job. Fortunately, a friend of KJB's was a former client of Dennis Melowski and urged KJB to give Dennis a call. KJB's friend assured him that if anyone could help, it would be Dennis. KJB took his friend's advice and hired Dennis. Almost immediately, Dennis laid the groundwork for the successful defense of KJB's case. Through meticulous questioning of the arresting officer at KJB's administrative suspension hearing, Dennis exposed some significant deficiencies in the officer's investigation of KJB. From procedures that weren't followed properly to a laundry list of things the officer would have expected to see but did not, Dennis severely undercut the strength of the officer's case against KJB. These holes in the case were eventually brought to the attention of the prosecutor in the form of legal challenges Dennis filed and in persistent negotiations with the prosecutor. Ultimately, just days before the second round of motion hearings in the case, the prosecutor realized that the prospect of a drunk driving conviction was in grave doubt. An incredible deal was reached. The drunk driving charges were dropped. In exchange, KJB agreed to a no contest plea to the most minor speeding infraction (1-10mph over the limit). He paid a fine of $175.30, but otherwise suffered no consequences. He never lost his license for even a single day and avoided the awful stigma of being a convicted drunk driver. And he still has his job.

November 28, 2012: OWI-1st (with .10 Breath Test Result) Reduced to Driving Around Railroad Crossing Gate and Impeding Traffic by Slow Speed

As an over-the-road truck driver, our client, XJM, was well aware of the devastating consequences a drunk driving conviction can have on commercial drivers. So when XJM was stopped for failing to stop at a stop sign after having a few beers with a friend, he was scared. Although he didn't feel impaired, he had heard plenty of horror stories of drivers who never worked again after similar nights out. XJM's fear of losing his career went from bad to worse after he failed the roadside sobriety tests (on video) and registered a .10 breath test result at the police station following his arrest. XJM knew he was going to have to hire the best attorney he could find if he wanted any hope of saving his career. He went to see an attorney in Milwaukee who was referred to XJM by a close friend. Although this attorney has a very good reputation of his own, he was not optimistic that he could help XJM, given the substantial amount of unfavorable evidence against him. XJM was discouraged, but he asked this attorney one last question before he left his office: "If you or a loved one got charged with drunk driving, who would you hire?" Without hesitating, the attorney replied, "That's easy, Dennis Melowski." The very next day, XJM called Dennis. Seven months later, after some very creative negotiating with the prosecutor, the drunk driving charges against XJM were dropped. In exchange, XJM agreed to plead no contest to two non-alcohol-related offenses: Driving Around Railroad Crossing Gate and Impeding Traffic by Slow Speed,. Aside from paying fines, XJM suffered no other consequences from this incident and never lost his license for even a single day. His commercial privileges were completely spared and there is no trace of a drunk driving arrest on XJM's driving record. His career as a commercial truck driver was saved. He couldn't be happier.

November 20, 2012: OWI-Homicide Charges Completely Dismissed

In the realm of drunk driving charges, there is no offense more serious than homicide by intoxicated use of a motor vehicle. With potential penalties of 25 years imprisonment, 5-year license revocation and a fine of $100,000.00, the stakes don't get any higher. Even worse, since these cases can involve significant media attention, prosecutors and judges view them as opportunities to send messages about the risks of drinking and driving, often imposing very harsh sentences as a result. This is on top of the already enormous, life-long emotional consequences that come with the brutal realization that you have taken another person's life. It was this tragic circumstance that our client, CLF, found himself in when he crashed his motorcycle, causing the death of his passenger in the process. Sadly, this tragedy was compounded by the fact that the passenger was also CLF's fiancee'.

When the police came to the scene of the accident that fateful night, they asked CLF if he had been drinking. With each question, it soon became clear the police were investigating this case as a possible drunk driving homicide. As part of this investigation, blood was drawn from CLF and was sent to to the State lab in Madison for testing. The result was an alcohol level of .118, considerably higher than the legal limit of .08. Needless to say, CLF was terrified at the prospect of a lengthy prison sentence. He quickly hired a lawyer to represent him. In preparing its case, the District Attorney's office took the next 8 months to formally charge CLF while they "considered all the evidence". Unfortunately, the lawyer CLF initially hired failed to timely view and preserve certain evidence from the scene, which in turn severely hampered CLF's ability to prove how the accident may have happened. With each passing day, CLF grew shorter on time while his attorney made no headway in the case. With so much at stake, CLF finally took the advice of numerous friends and family and hired Dennis Melowski.

Dennis got to work immediately to make up for the lost time. His first step was to hire an expert accident re-constructionist,  a former sheriff's deputy, who found serious deficiencies in the police investigation of CLF's case. Even more significant was the fact that Dennis' expert discovered that the speed limit for the curvy stretch of road where the accident occurred was reduced shortly after CLF's crash. As it turns out, CLF wasn't the only one who had a serious accident going around this dangerous curve. As Dennis' investigation of the case continued, it became increasingly evident that CLF wasn't at fault. Dennis took what he learned and filed a motion challenging the State's evidence against CLF. A lengthy hearing was held where Dennis cross-examined the lead police investigators. With question after question, Dennis perforated the State's case so badly that by the hearing's end, the judge wondered aloud how the prosecutor would prove its case against CLF beyond a reasonable doubt. Two weeks later, the prosecutor realized he couldn't. He filed a motion to dismiss all charges against CLF, which the judge quickly granted. Case dismissed. After more than a year of having this tremendous weight on his shoulders, CLF walked out of the courthouse completely exonerated. And while the loss of his fiancee' will stay with CLF forever, the sense of relief he experienced cannot be imagined. [The Green Bay Press Gazette account of the dismissal of the homicide charges can be read here:    http://www.greenbaypressgazette.com/article/20121124/GPG1009/311240320/Judge-dismisses-homicide-charges-fatal-motorcycle-crash]

November 6, 2012: Jury Finds Client Not Guilty in OWI-2nd Case with .16 Breath Test Result

When SGS left a local gentleman's club after an evening out with a co-worker, he knew he had probably had one too many. Not wanting to make the same mistake that he had made several years earlier when he got arrested for his first DUI, he decided it would be unsafe to try to drive to the nearby hotel where he was staying for work. So he got into his truck, started the engine, reclined his seat and slept. In short, he thought he was making a smart decision. About 30 minutes later, however, while SGS was sound asleep, a police officer on foot patrol started to bang loudly on SGS's window, yelling at him and demanding that he shut off the engine and roll down his window, which is exactly what SGS did. He had no problem talking to the officer because he didn't think he was doing anything wrong. Fifteen minutes later, however, SGS was sitting in the back of a squad car, under arrest for OWI. And the cops didn't care one bit that SGS wasn't driving. You see, under Wisconsin's tough drunk driving laws, the mere act of starting your vehicle, even if it remains in park, constitutes "vehicle operation." And once SGS blew a .16 on the breath test at the police station, under the law, he was "driving drunk." So SGS's case was treated the same as if he had been carelessly careening down the highway. And the prosecutor assigned to the case was not interested in giving SGS any breaks either. Even when he was told that SGS was facing lifetime disqualification of his commercial driving privileges if convicted of his second offense, the prosecutor coldly responded that the DA's office had a strict "no plea bargain" policy in drunk driving cases. No exceptions. If SGS wanted to beat the charge and save his lucrative career as an electrical power lineman, he would have to take his case to a jury. And Dennis Melowski did exactly that. After a very hard-fought trial, with a very hometown judge looking to shut Dennis down at every turn, the jury saw through this sham of a case and found SGS Not Guilty of all charges. He walked out of the courthouse completely exonerated, with his dignity, and career, fully intact. He couldn't be happier.      

Complete Jury Trial Acquittal in OWI-1st Case with .11 Breath Test Result

The annual celebration of Thanksgiving is that one time of year when we all sit back and take stock of the important things in life. This yearly ritual rises to new levels of significance when you've just been given a second chance. Just ask our client, BEW, who was facing charges of  Operating While Intoxicated and Operating with a Prohibited Alcohol Concentration. Although this was BEW's first offense, he was panicked over the impact a drunk driving charge would have on his record and, more importantly, his future. As a young man, BEW was just starting out in life and the last thing he needed holding him back was the permanent stain of a drunk driving conviction. BEW and his family sat down with Attorney Sarvan Singh where they expressed their sorrow and frustration that this one mistake would define BEW's life. Sarvan allayed their fears, however, and assured them that he would do everything possible to keep the drunk driving charge off of their son's record. But Sarvan knew he had his work cut out for him. As it turns out, there were several stubborn aspects of BEW's case. The officer who arrested BEW stopped him for driving in the early morning hours without his headlights on and the subsequent breath test at the police station revealed an alleged alcohol level of .11. It was this latter piece of evidence that proved particularly difficult to find a crack in.

            Sarvan needed a game-changer, and he found it when he was discussing BEW's case with Dennis Melowski. One of the substantial advantages our firm has over others is the talent pool we can draw upon within our own office. While one lawyer is always primarily responsible for a client's case, brainstorming is a way of life for the attorneys here. We are constantly bouncing ideas and strategies off one another to maximize our clients' chances of a favorable outcome. Sarvan took advantage of this and sat down with Dennis to discuss BEW's case. And it paid off in a big way. Dennis noticed an issue that he himself used to obtain a not guilty verdict only a few months back. Sarvan employed the exact same tactic  for BEW and obtained the exact same result: the jury found BEW Not Guilty of both charges he was facing. He walked out of the courthouse completely exonerated. This Thanksgiving, many of us will celebrate the day in thoughtful reflection. This year, BEW will do the same. It's just that he has a little more to be thankful for.

November 2, 2012: OWI-1st with Hit & Run Reduced to Inattentive Driving

"Let's be honest, how much can you really help?" These were the exact words from our client, BJL, when he first sat down and spoke with Attorney Sarvan Singh. It's a fair question when deciding whether or not to hire an attorney.  As they sat there, Sarvan poured over the police reports and calmly responded, "Quite a bit." That's the level of confidence lawyers in this firm have in themselves. Our expertise and experience in exclusively handling DUI cases allows us to spot shortcomings in a case that many lawyers might miss. Just by taking one look at the police report, Sarvan knew he could beat the OWI based upon several key facts that the police officer could not prove. Sarvan pointed these problems out to the prosecutor, someone who was very familiar with the firm's record of success in these cases.  The prosecutor agreed with him and amended the OWI to Inattentive Driving, which is a non-alcohol-related minor traffic offense that carries no loss of license. In fact, the prosecutor was so concerned about the strength of his case that he also agreed to reduce the Hit and Run.  BJL was initially impressed with Sarvan's optimism, but was beyond thrilled when he actually delivered. 

November 1, 2012: OWI-1st (with .15 breath test result) Reduced to Inattentive Driving

Many people struggle with the idea of hiring a lawyer, and with good reason. They're expensive, there are no guarantees, and there is only so much a lawyer can do with a bad set of facts.That was the issue vexing MC. MC was facing an OWI-1st Offense and a Reckless Driving charge in a case with some difficult circumstances. MC ran his car into a tree; failed all three field sobriety tests- twice; and rang up a breath result of .15. Given these facts, MC wondered whether it was worth the trouble and expense of hiring a lawyer. But a close friend of MC's is an attorney in Arizona and was familiar with Melowski & Associates' record of success in tough cases like this. MC's friend urged him to consider the profound, life-long consequences of being a convicted drunk driver before just pleading guilty. MC spoke with Attorney Sarvan Singh. Sarvan looked closely at all the facts, and while there were plenty of bad ones, he found the one good fact he needed. He filed a motion challenging MC's arrest. After filing the motion, he spoke with the prosecutor, someone against whom Sarvan had success in the past. After listening to Sarvan, the prosecutor knew there was a weakness in the case and that Sarvan was very much up to the task of exploiting it. Rather than risk going to battle with Sarvan, the prosecutor agreed to reduce the OWI charge down to Inattentive Driving, which is a non-alcohol-related, minor traffic offense that carries no loss of license. MC was thrilled, especially now as he's in the process of obtaining his commercial driver's license. If you ask MC, he'll tell you hiring a lawyer was well worth it.