Far too often, people underestimate the devastating long-term consequences a first offense drunk driving conviction can have on almost every aspect of their life. The police like to tell people that a first DUI is nothing more than an "expensive speeding ticket" and not to worry about it. Why do they tell people this? Easy, they want to keep you compliant on the night of your arrest by lulling you into a false belief that "it's no big deal." They don't want you worried and upset. It makes their job harder. They also don't want to have someone scrutinize their work, which is often rife with embellishment and shoddy investigation. Sadly, many people fall for what the police tell them. They think they can pay the fine, serve their license revocation, chalk the whole thing up to a big mistake and move on with their lives as if nothing happened. Only years later do they fully realize how wrong they were. From lost employment or promotion opportunities to public humiliation through internet exposure (your mugshot can be easily found online, as well as your entire court record) to exorbitant insurance rates for years to come to lost business or loan opportunities, a DUI conviction can haunt you for years. In short, most people inevitably realize that not fighting their case may have been one of the biggest mistakes they ever made. Unfortunately, at that point, it's too late to do anything about it.
For many of our clients, however, they know immediately the impact that a first DUI conviction will have because it will cost them their job, if not their entire career. This was certainly the case for our client, JAH. As a delivery driver for a major international package courier, a drunk driving conviction would be a death sentence to his professional future. So when JAH picked up his first-ever drunk driving charge, he knew he had to do something about it. JAH had heard countless horror stories over the years of drivers never getting hired again because of the stigma attached to a drunk driving conviction. He was determined to make sure that would not happen to him. He had worked too hard and too long for his professional life to be over because of one mistake. Fortunately, Dennis Melowski's reputation as a career-saver in the commercial driving field is well-known and JAH was quickly referred to Dennis by several other drivers. And it didn't take long for Dennis to find some significant deficiencies in the police investigation of JAH's case. Dennis was able to craft several legal challenges to the evidence in the case. After reviewing Dennis' challenges, even the veteran prosecutor handling the case knew that a conviction was in jeopardy and Dennis was able to negotiate an incredible deal. Despite JAH's .21 blood test result, the drunk driving charges were dropped. Instead, JAH plead no contest to Inattentive Driving, a non-alcohol-related minor traffic offense that would result in no license loss. More importantly, the reduced charge would have no impact whatsoever on JAH's commercial driving privileges. JAH's career was saved. Now JAH hears countless stories about himself...and how smart he was to fight his case.
Monday, June 24, 2013
Tuesday, June 11, 2013
June 3, 2013: OWI-3rd Reduced to OWI-1st Based Upon Successful Attack of Prior Conviction
As the sole proprietor of his own excavating company, DK relied heavily on his commercial driving privileges to make a living. He needed a commercial driver's license (CDL) to operate all of the heavy equipment essential to his business. But when DK picked up a third offense drunk driving charge, he was facing lifetime disqualification of his commercial driving privileges. A conviction would put him out of business... for good. If that weren't enough, he was also facing a substantial jail sentence; a fine of several thousand dollars; mandatory ignition interlock device (IID) installation in any vehicle he owned or operated for 2 to 3 years; and revocation of his regular driving privileges for 2 to 3 years. The stakes couldn't get much higher for DK and he needed Wisconsin's very best drunk driving defense attorney to help. After much research, and after hearing Dennis Melowski's name mentioned by several other lawyers as the best in the state, DK made his decision to hire Dennis. And Dennis delivered in a big way. By finding a flaw in DK's second offense from several years earlier, Dennis was able to file a motion with the judge to throw out the prior conviction. Shortly before the hearing on this motion was scheduled to start, Dennis was able to convince the prosecutor to agree that DK's second conviction shouldn't count. Because DK's first offense then became too old to count under Wisconsin law, DK's third offense suddenly became a first. With this fantastic result, DK avoided the lifetime disqualification of his commercial driving privileges; avoided a several month jail sentence; avoided the IID installation; his license revocation went from 28 months to just 7 months; and his fine went from $2,000.00 all the way down to $700.00. Needless to say, DK couldn't have been happier.
Tuesday, June 4, 2013
May 20, 2013: OWI-4th (with .107 Blood Test Result) Reduced to Non-Traffic Misdemeanor with No Jail and No License Revocation
When KJO picked up his fourth offense drunk driving charge, he knew how serious it was. A fourth offense carries some very stiff penalties. In the county where he was arrested, KJO was facing a 6 month jail sentence; license revocation of at least 2 years; a fine that would likely be thousands of dollars; ignition interlock device installation for several years; and lengthy and costly alcohol counseling. These were penalties KJO simply couldn't bear, as he was still getting himself back on his feet from his third offense. Fighting the case was his only viable option and he selected Dennis Melowski for this all-important task. It turned out to be one of the best decisions in KJO's life. After exposing a major weakness in the State's case at a motion hearing before the judge, Dennis laid the groundwork for a fantastic resolution. At the conclusion of the hearing, even the judge expressed skepticism that the prosecutor would be able to prove her case. Walking out of the courtroom that day, Dennis proposed a settlement of KJO's case to the prosecutor that would completely avoid a drunk driving conviction for KJO. Knowing the damage that Dennis had already done to her case at the hearing, the prosecutor reluctantly agreed. Under the terms of the settlement, the original charge of OWI-4th was reduced to the non-alcohol-related misdemeanor offense of Negliegent Operation of a Motor Vehicle, an offense that will not even appear on KJO's driver record and carries no license loss. The only penalty KJO suffered was an $800 fine. No jail. No probation. No IID device. No counseling. And nothing on KJO's driver record. Another Real Result from Wisconsin's premier drunk driving defense firm and another very satisfied client.
Friday, May 24, 2013
May 6, 2013: Complete Dismissal of OWI-1st Offense (with .13 Breath Test Result)
As someone who was about to earn his MBA from a prestigious business school, the last thing JAN needed was a drunk driving conviction on his record. Such a "black mark" would almost certainly scare away the top employers who were courting him. JAN had no choice. He had to fight his case, even though his breath test showed an alcohol level of .13. After being given Dennis Melowski's name by a family member who is also an attorney, JAN scheduled a consultation with Dennis. Only a few minutes into the consultation, JAN knew he had found the man for the job. Knowing the stakes involved for JAN, Dennis got to work right away, laying the groundwork for several legal challenges at JAN's administrative suspension hearing through careful questioning of the arresting officer. For more than the next year, Dennis relentlessly pursued these challenges in court, withstanding countless delays due to the lack of preparation on the part of the prosecutor. Dennis' efforts finally paid off when he showed up to court yet again to fight on JAN's behalf and the prosecutor was still not prepared to proceed with the case. By this time, the judge had finally had enough of the delays and would not put the case off any longer. All charges against JAN were dismissed on the spot. JAN's nightmare was finally over and his future has never looked brighter. Persistence pays off indeed.
Thursday, May 9, 2013
April 26, 2013: Jury Finds Client Not Guilty of All Counts in OWI-First (With Minor Child in Vehicle) Case, Despite Two Separate Tests Over the Legal Limit
Most attorneys would have looked at LJL's case and told her she had no chance. In fact, most of them did. After all, LJL had been stopped by the police for multiple traffic infractions: speeding, defective headlight and unsafe lane deviation. She also admitted to drinking; supposedly failed all of the field sobriety tests; and had a roadside breath test over the legal limit. To make things even worse, LJL had her 10-year-old daughter in the vehicle when she was pulled over, making this a serious criminal charge, despite it being her first-ever DUI arrest. To top it all off, the police insisted on giving LJL both a blood AND a breath test following her arrest, due to the seriousness of the charge. Both results were over the legal limit. The blood test (done first) revealed an alcohol level of .125 and the Intoximeter breath test (done second) revealed a level of .089. Initially, the evidence against LJL seemed overwhelming and no one was giving her any hope. Fortunately, the last attorney with whom LJL consulted suggested that she give Dennis Melowski a call, telling her that Dennis was her only hope.
When Dennis took over LJL's case, even he thought he had his work cut out for him, especially given the fact that LJL's arrest occurred in Milwaukee County, which is notorious for its "no plea bargain" policy in drunk driving cases. Their rule is simple: you either plead guilty as charged, or take your case to trial. No exceptions. So from day one, Dennis knew the case would be presented to a jury, and he prepared it accordingly. With painstaking effort, Dennis looked at the hurdles he would need to get over at trial (and there were many) to find a way to overcome them. The more closely Dennis looked at the case, the more he noticed a pattern. For every "bad fact" the prosecutor had against LJL, there was a credible explanation pointing towards her innocence. Much of it had to do with LJL's long history of serious health problems, which became a central focus of the case. From her performance on the field sobriety tests, to the unique way in which her body processed the alcohol from the one drink she consumed the night of her arrest, LJL's medical issues provided the answer to almost every problem in her case. But would the jury believe it?
One thing's for sure. The DA's office didn't believe it. In fact, they assigned their top DUI specialist, someone with even more experience than Dennis, to prosecute the case. And this prosecutor was hell-bent on getting a conviction---and beating Dennis Melowski. And he pulled out all the stops to do it. From aggressively challenging every move Dennis made, to calling no less than 3 expert witnesses to counter the claims of Dennis' expert, the prosecutor engaged in a desperate campaign to win, seemingly at all costs. But in a trial that lasted a full 5 days (yes, 5), the prosecutor's desperation became his undoing. Despite his aggressive efforts, he couldn't put a dent in LJL's testimony. She told the truth in a convincing manner, even when she was called a liar to her face. The expert physiologist who testified on LJL's behalf also emerged unscathed, calmly and effectively refuting every crazy question posed to her during a cross-examination that lasted more than 3 hours. In the end, the truth and superior lawyering won the day. At the conclusion of a week-long trial, and nearly 2 full years after her arrest, the jury found LJL NOT GUILTY of all charges. LJL was overcome with emotion and joy when the verdict was read. After 2 years of trying to get her good name back, LJL walked out of the Milwaukee County Courthouse completely exonerated. As we have repeatedly said, never underestimate the difference a top-notch attorney can make, even when a situation seems hopeless.
When Dennis took over LJL's case, even he thought he had his work cut out for him, especially given the fact that LJL's arrest occurred in Milwaukee County, which is notorious for its "no plea bargain" policy in drunk driving cases. Their rule is simple: you either plead guilty as charged, or take your case to trial. No exceptions. So from day one, Dennis knew the case would be presented to a jury, and he prepared it accordingly. With painstaking effort, Dennis looked at the hurdles he would need to get over at trial (and there were many) to find a way to overcome them. The more closely Dennis looked at the case, the more he noticed a pattern. For every "bad fact" the prosecutor had against LJL, there was a credible explanation pointing towards her innocence. Much of it had to do with LJL's long history of serious health problems, which became a central focus of the case. From her performance on the field sobriety tests, to the unique way in which her body processed the alcohol from the one drink she consumed the night of her arrest, LJL's medical issues provided the answer to almost every problem in her case. But would the jury believe it?
One thing's for sure. The DA's office didn't believe it. In fact, they assigned their top DUI specialist, someone with even more experience than Dennis, to prosecute the case. And this prosecutor was hell-bent on getting a conviction---and beating Dennis Melowski. And he pulled out all the stops to do it. From aggressively challenging every move Dennis made, to calling no less than 3 expert witnesses to counter the claims of Dennis' expert, the prosecutor engaged in a desperate campaign to win, seemingly at all costs. But in a trial that lasted a full 5 days (yes, 5), the prosecutor's desperation became his undoing. Despite his aggressive efforts, he couldn't put a dent in LJL's testimony. She told the truth in a convincing manner, even when she was called a liar to her face. The expert physiologist who testified on LJL's behalf also emerged unscathed, calmly and effectively refuting every crazy question posed to her during a cross-examination that lasted more than 3 hours. In the end, the truth and superior lawyering won the day. At the conclusion of a week-long trial, and nearly 2 full years after her arrest, the jury found LJL NOT GUILTY of all charges. LJL was overcome with emotion and joy when the verdict was read. After 2 years of trying to get her good name back, LJL walked out of the Milwaukee County Courthouse completely exonerated. As we have repeatedly said, never underestimate the difference a top-notch attorney can make, even when a situation seems hopeless.
Monday, April 29, 2013
April 12, 2013: Complete Dismissal of OWI-2nd Offense with .09 Test Result
Our client, WK, was initially stopped for "deviating within her own lane" after a sheriff's deputy followed her for some time on the interstate. After smelling alcohol on her breath, the deputy had WK perform some roadside sobriety tests (on video), which she supposedly failed. After her arrest, she was taken to the sheriff's department for a breath test, with an alleged result of .09. Unfortunately for WK, this was her second such arrest in the last 12 months and she was charged criminally with an OWI-2nd. If convicted, she was facing mandatory jail time of about 60 days in this particular county, along with a 14-month license revocation, ignition interlock installation and a hefty fine. Even worse, because WK's prior arrest occurred within the last 12 months, she would be completely ineligible for an occupational license if convicted. After much research interviewing attorneys, WK chose Dennis Melowski for the important task of saving her from these horrible consequences.
At Melowski & Associates, our attorneys will utilize any crack they can find in a client's case to gain an advantage. It's an important part of what makes us so successful and is a key distinction between our firm and others. Sometimes these cracks can be found where you least expect them. WK's case is a perfect example of this. Early on in the case, Dennis seized on an opportunity to protest to the judge that some important evidence in WK's case was not turned over to him, despite Dennis' specific request for it. After several months of litigating this issue, the prosecutor disclosed that the evidence Dennis had been seeking had not been preserved. This fact, combined with some other difficulties the prosecutor was having with a key witness in the case, led to a complete dismissal of all charges against WK. It was the best possible result she could have hoped for and she couldn't be happier.
At Melowski & Associates, our attorneys will utilize any crack they can find in a client's case to gain an advantage. It's an important part of what makes us so successful and is a key distinction between our firm and others. Sometimes these cracks can be found where you least expect them. WK's case is a perfect example of this. Early on in the case, Dennis seized on an opportunity to protest to the judge that some important evidence in WK's case was not turned over to him, despite Dennis' specific request for it. After several months of litigating this issue, the prosecutor disclosed that the evidence Dennis had been seeking had not been preserved. This fact, combined with some other difficulties the prosecutor was having with a key witness in the case, led to a complete dismissal of all charges against WK. It was the best possible result she could have hoped for and she couldn't be happier.
Thursday, April 18, 2013
5 Incredible Results in the Last 10 Weeks: 4 Sets of Drunk Driving Charges Dropped and an OWI-3rd Reduced to an OWI-1st
Our attorneys have enjoyed incredible success so far this year, as previous entries in the Real Results Tracker demonstrate. And recently we have been on an absolute tear. Take a look at these fantastic outcomes we have obtained for our clients just since February 1:
Case #1: OWI-1st (with .178 Blood Test Result) Reduced to Two Minor Traffic Tickets- Our client, ALM, was found stopped in the middle of a lane of traffic. After allegedly failing the field sobriety tests on camera, she was taken to the hospital for a blood draw, the result of which was .178, more than twice the legal limit. Initially the case for the prosecutor looked strong, but after thorough and careful questioning of the arresting deputy at ALM's DOT suspension hearing, Dennis Melowski was able to lay the groundwork for some legal challenges that he used as leverage in negotiations with the prosecutor, someone who was very familiar with Dennis' track record at trial. Rather than risk a complete loss, the prosecutor agreed to drop the original OWI and PAC charges in exchange for the client's plea of no contest to two minor traffic tickets: Inattentive Driving and Improper Standing of Vehicle. Aside from paying a fine, ALM suffered no consequences from her arrest and was able to avoid the career-ending stigma of a drunk driving conviction. Needless to say, she was thrilled.
Case # 2: OWI-3rd (with .192 Blood Test Result) Reduced to OWI-1st with Minimum Penalties and No IID Installation- When our attorneys are on a case, we pride ourselves in leaving no stone unturned in the pursuit of exceptional results for our clients, even if it means closely scrutinizing a client's DUI conviction from years before. It was this commitment to finding any crack we can to exert as leverage which led to an incredible result for our client, BLT. BLT came to us with a third offense, a serious charge that typically involves a several-month jail sentence, two to three years of license revocation, exhorbitant fines, and mandatory installation of an ignition interlock device (IID) for years. The allegations against BLT in his present case were going to be very difficult to overcome. He was called in by another driver after some very poor driving was observed and his blood test came back at .192. It became clear that we would have to look elsewhere if BLT was going to get the type of result to which our clients are so accustomed. So Dennis Melowski dug deep into BLT's past and found a serious defect in his second DUI conviction. This defect was brought to the attention of the prosecutor, who agreed that BLT's second offense should not be counted. The prosecutor agreed to reduce BLT's third offense to a first offense. But Dennis wasn't quite done. While most attorneys would have taken that offer and run, Dennis held out for more and ultimately got the prosecutor to agree to eliminate the IID requirement for the first offense conviction. Because BLT's blood test was so high, even if he was convicted of a simple first offense, he was still facing the IID requirement for one year. But Dennis convinced the prosecutor to reduce BLT's alleged blood alcohol level to below .15, thereby removing him from the range of IID requirement. He also got the prosecutor to agree to the absolute minimum penalties for a first offense. BLT was ecstatic. He never had to spend a day in jail; only had his license revoked for 6 months; never had to install an IID; and paid a fine that was thousands less than originally charged.
Case #3: OWI-1st/PAC-1st Reduced to Reckless Driving- Our client, LJ, has an excellent job with a well-known Wisconsin corporation that requires him to drive a company vehicle. Unfortunately, LJ's stop and arrest for DUI occurred while he was driving his company vehicle. This was a major problem and the company's rules were very clear. If LJ was convicted of any alcohol-related charge, or if he was convicted of an offense where he lost his license for even a single day, he would be fired, despite his long history with the company. LJ was very motivated to do whatever he possibly could to avoid a DUI conviction and save the job he valued so much. Fortunately, LJ was able to talk to some friends who had used Dennis Melowski with great success in their own DUI cases in the past. The outcome in LJ's case is a testament to just how important it is to hire a lawyer with a well-known reputation for winning. As it turns out, the prosecutor for the municipality where LJ's arrest occurred went toe to toe with Dennis in a jury trial about 2 years earlier. In a case the prosecutor thought for sure he would win, Dennis' client was found not guilty. Not wanting to experience another trial with Dennis where the prospect of a conviction would be far from certain, the prosecutor agreed to drop the drunk driving charges. Instead, LJ plead no contest to a reduced charge of Reckless Driving, which is a non-alcohol-related charge that involves no loss of license. Aside from paying a fine, LJ suffered no consequences from his arrest. He never lost his license and still has his job.
Case #4: OWI-1st (with .160 Blood Test Result) Reduced to Inattentive Driving and Impeding Traffic By Slow Speed- Over the years, Dennis Melowski has represented nearly a dozen clients for whom he has been able to beat a DUI charge more than once. In 2010, Dennis successfully represented JH when he picked up his first DUI charge by having it reduced to the minor traffic offense of Inattentive Driving, saving JH's job in the process. When JH had the misfortune of being arrested again in 2012, there was little doubt that he would be calling on Dennis to try to save him a second time. And Dennis delivered. After seriously undermining the arresting officer's credibility at JH's administrative suspension hearing, Dennis was able to lay the groundwork for several legal challenges in court. After reviewing the challenges Dennis filed, even the prosecutor believed that a drunk driving conviction was in jeopardy. This belief was cemented after Dennis exposed several discrepancies between what the arresting officer claimed in his report and what appeared on his squad video. Dennis was able to negotiate another fantastic result for JH. The OWI charge was reduced to Inattentive Driving and the PAC charge was reduced to Impeding Traffic by Slow Speed. Aside from a fine, JH suffered no consequences from his arrest and was able to avoid the life-altering stigma of a drunk driving conviction (again).
Case #5: OWI-1st/Refusal of Chemical Test/Underage Drinking Reduced to Absolute Sobriety Violation- Our client, TF, is a 20-year-old college student with a bright and promising future. The last thing anyone needs at this critical stage of their young adult life is a drunk driving conviction that will haunt them for years to come. From getting admitted to graduate schools to applying for sought-after jobs, a convicted drunk driver is frequently placed on the bottom of the pile. So when TF got arrested, his parents knew they would have to hire the best attorney they could find to save their son's future. After exhaustive research, they knew that Dennis Melowski was the one for the job. And Dennis initially had his work cut out for him. In addition to the OWI charge, TF was also charged with Unlawful Refusal of a Chemical Test (carrying greater consequences than the OWI charge itself) and Underage Drinking (TF's second such offense, thereby exposing him to license suspension). But after doing a lot of digging, Dennis was able to find several issues that helped give him significant leverage in negotiations with the prosecutor, someone very familiar with Dennis' success rate in these cases. After much discussion, Dennis finally got the prosecutor to agree to reduce the drunk driving charge to an Absolute Sobriety Violation and to dismiss the remaining Refusal and Underage Drinking charges. Although the Absolute Sobriety Violation carries a 90-day license suspension, it is not a drunk driving charge. It simply means that TF was drinking alcohol and drove, which is illegal given the fact that he was not yet 21. Not only was TF able to avoid the stigma of a drunk driving conviction, he also avoided the lengthy and costly court-ordered alcohol counseling associated with the original charges and was also able to avoid the ignition interlock device (IID) installation. His bright and promising future remains fully intact.
Case #1: OWI-1st (with .178 Blood Test Result) Reduced to Two Minor Traffic Tickets- Our client, ALM, was found stopped in the middle of a lane of traffic. After allegedly failing the field sobriety tests on camera, she was taken to the hospital for a blood draw, the result of which was .178, more than twice the legal limit. Initially the case for the prosecutor looked strong, but after thorough and careful questioning of the arresting deputy at ALM's DOT suspension hearing, Dennis Melowski was able to lay the groundwork for some legal challenges that he used as leverage in negotiations with the prosecutor, someone who was very familiar with Dennis' track record at trial. Rather than risk a complete loss, the prosecutor agreed to drop the original OWI and PAC charges in exchange for the client's plea of no contest to two minor traffic tickets: Inattentive Driving and Improper Standing of Vehicle. Aside from paying a fine, ALM suffered no consequences from her arrest and was able to avoid the career-ending stigma of a drunk driving conviction. Needless to say, she was thrilled.
Case # 2: OWI-3rd (with .192 Blood Test Result) Reduced to OWI-1st with Minimum Penalties and No IID Installation- When our attorneys are on a case, we pride ourselves in leaving no stone unturned in the pursuit of exceptional results for our clients, even if it means closely scrutinizing a client's DUI conviction from years before. It was this commitment to finding any crack we can to exert as leverage which led to an incredible result for our client, BLT. BLT came to us with a third offense, a serious charge that typically involves a several-month jail sentence, two to three years of license revocation, exhorbitant fines, and mandatory installation of an ignition interlock device (IID) for years. The allegations against BLT in his present case were going to be very difficult to overcome. He was called in by another driver after some very poor driving was observed and his blood test came back at .192. It became clear that we would have to look elsewhere if BLT was going to get the type of result to which our clients are so accustomed. So Dennis Melowski dug deep into BLT's past and found a serious defect in his second DUI conviction. This defect was brought to the attention of the prosecutor, who agreed that BLT's second offense should not be counted. The prosecutor agreed to reduce BLT's third offense to a first offense. But Dennis wasn't quite done. While most attorneys would have taken that offer and run, Dennis held out for more and ultimately got the prosecutor to agree to eliminate the IID requirement for the first offense conviction. Because BLT's blood test was so high, even if he was convicted of a simple first offense, he was still facing the IID requirement for one year. But Dennis convinced the prosecutor to reduce BLT's alleged blood alcohol level to below .15, thereby removing him from the range of IID requirement. He also got the prosecutor to agree to the absolute minimum penalties for a first offense. BLT was ecstatic. He never had to spend a day in jail; only had his license revoked for 6 months; never had to install an IID; and paid a fine that was thousands less than originally charged.
Case #3: OWI-1st/PAC-1st Reduced to Reckless Driving- Our client, LJ, has an excellent job with a well-known Wisconsin corporation that requires him to drive a company vehicle. Unfortunately, LJ's stop and arrest for DUI occurred while he was driving his company vehicle. This was a major problem and the company's rules were very clear. If LJ was convicted of any alcohol-related charge, or if he was convicted of an offense where he lost his license for even a single day, he would be fired, despite his long history with the company. LJ was very motivated to do whatever he possibly could to avoid a DUI conviction and save the job he valued so much. Fortunately, LJ was able to talk to some friends who had used Dennis Melowski with great success in their own DUI cases in the past. The outcome in LJ's case is a testament to just how important it is to hire a lawyer with a well-known reputation for winning. As it turns out, the prosecutor for the municipality where LJ's arrest occurred went toe to toe with Dennis in a jury trial about 2 years earlier. In a case the prosecutor thought for sure he would win, Dennis' client was found not guilty. Not wanting to experience another trial with Dennis where the prospect of a conviction would be far from certain, the prosecutor agreed to drop the drunk driving charges. Instead, LJ plead no contest to a reduced charge of Reckless Driving, which is a non-alcohol-related charge that involves no loss of license. Aside from paying a fine, LJ suffered no consequences from his arrest. He never lost his license and still has his job.
Case #4: OWI-1st (with .160 Blood Test Result) Reduced to Inattentive Driving and Impeding Traffic By Slow Speed- Over the years, Dennis Melowski has represented nearly a dozen clients for whom he has been able to beat a DUI charge more than once. In 2010, Dennis successfully represented JH when he picked up his first DUI charge by having it reduced to the minor traffic offense of Inattentive Driving, saving JH's job in the process. When JH had the misfortune of being arrested again in 2012, there was little doubt that he would be calling on Dennis to try to save him a second time. And Dennis delivered. After seriously undermining the arresting officer's credibility at JH's administrative suspension hearing, Dennis was able to lay the groundwork for several legal challenges in court. After reviewing the challenges Dennis filed, even the prosecutor believed that a drunk driving conviction was in jeopardy. This belief was cemented after Dennis exposed several discrepancies between what the arresting officer claimed in his report and what appeared on his squad video. Dennis was able to negotiate another fantastic result for JH. The OWI charge was reduced to Inattentive Driving and the PAC charge was reduced to Impeding Traffic by Slow Speed. Aside from a fine, JH suffered no consequences from his arrest and was able to avoid the life-altering stigma of a drunk driving conviction (again).
Case #5: OWI-1st/Refusal of Chemical Test/Underage Drinking Reduced to Absolute Sobriety Violation- Our client, TF, is a 20-year-old college student with a bright and promising future. The last thing anyone needs at this critical stage of their young adult life is a drunk driving conviction that will haunt them for years to come. From getting admitted to graduate schools to applying for sought-after jobs, a convicted drunk driver is frequently placed on the bottom of the pile. So when TF got arrested, his parents knew they would have to hire the best attorney they could find to save their son's future. After exhaustive research, they knew that Dennis Melowski was the one for the job. And Dennis initially had his work cut out for him. In addition to the OWI charge, TF was also charged with Unlawful Refusal of a Chemical Test (carrying greater consequences than the OWI charge itself) and Underage Drinking (TF's second such offense, thereby exposing him to license suspension). But after doing a lot of digging, Dennis was able to find several issues that helped give him significant leverage in negotiations with the prosecutor, someone very familiar with Dennis' success rate in these cases. After much discussion, Dennis finally got the prosecutor to agree to reduce the drunk driving charge to an Absolute Sobriety Violation and to dismiss the remaining Refusal and Underage Drinking charges. Although the Absolute Sobriety Violation carries a 90-day license suspension, it is not a drunk driving charge. It simply means that TF was drinking alcohol and drove, which is illegal given the fact that he was not yet 21. Not only was TF able to avoid the stigma of a drunk driving conviction, he also avoided the lengthy and costly court-ordered alcohol counseling associated with the original charges and was also able to avoid the ignition interlock device (IID) installation. His bright and promising future remains fully intact.
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