Operating with a Prohibited Alcohol Concentration - First Offense Reduced to Absolute Sobriety Violation Only

EO, a college student from Illinois, was stopped for going 69 mph in a 55 mph zone.  He admitted to the officer that he had been drinking and his breath alcohol test result was a .10.  With EO being under the age of 21, it was an uphill battle on the absolute sobriety violation. However, Attorney Matt Murray scoured the discovery and filed three motions attacking the information that was provided to EO by the officer.  While the prosecutor originally refused to budge on the drunk driving charge, after litigating the motions for over an hour, the prosecution finally agreed to dismiss the drunk driving offense.  This left EO with only an absolute sobriety violation. At such an early stage of his promising life, EO was thrilled that he was able to completely avoid the permanent black mark associated with being a convicted drunk driver. Another very happy client.

The Streak Continues: 3 More Fantastic Outcomes for Our Clients in 2014

January 14, 2014: Complete Dismissal of Felony Charge in Milwaukee County

The Milwaukee County District Attorney's Office has a policy to charge any accused drunk driver with the felony of Second Degree Reckless Endangerment if their driving involves going the wrong way on the freeway system. This was the precise situation our client, CA, found himself in when he briefly drove the wrong way down an exit ramp from I-94. Even though this was CA's first-ever alcohol-related driving offense, he found himself staring down a potential lengthy prison sentence because of the serious  felony charge. But prison wasn't even the worst fear for CA. As a foreign national here on a work visa, CA was facing immediate and permanent deportation if convicted of a felony. This would mean the loss of a very lucrative IT job and a return to his home country with very few prospects. Fighting the felony and beating it was his only hope. After much research, CA was referred to Dennis Melowski by a prominent Wisconsin law firm. After sitting down with CA and reviewing his case, Dennis saw a glimmer of hope. But it would all come down to getting the arresting officer to make a crucial concession in Dennis' cross-examination of her at CA's preliminary hearing.  Dennis meticulously prepared his strategy for making this happen. On the morning of CA's preliminary hearing, after a very careful set-up, Dennis got the officer to concede the key point he needed to get the case dismissed. After presenting his argument, the presiding court commissioner agreed with Dennis that there was insufficient evidence to support a felony charge against CA. Case dismissed. CA was overcome with joy and relief in the knowledge that his future in the United States was secure.

February 6, 2014: OWI-2nd (with .14 Breath Test Result) Reduced to Non-Traffic Offense

Our client, CR, has an excellent professional job that requires him to travel extensively both nationally and internationally. Any disruption to the validity of his driving privileges, or any ignition interlock device (IID) requirement, would cost him his job and likely his entire career. So when CR picked up his second drunk driving charge, he knew he would have to do something about it. If convicted, he was facing an 18-month license revocation, mandatory IID installation in any vehicle he drives and a host of other serious consequences. Not knowing where to turn, CR began scouring the internet looking for the best DUI defense attorney he could find. After reading the successful outcomes of so many cases right here in the Real Results Tracker, CR knew that no other lawyer he had spoken to came close to demonstrating a record of success as extensive as Melowski & Associates. He knew he had found his firm. And Dennis Melowski did not disappoint CR. By seizing upon an issue in CR's case that many other lawyers would probably miss, Dennis was able to use this as leverage in his negotiations with the prosecutor. Just 3 days prior to CR's jury trial, Dennis was able to negotiate an outstanding resolution to CR's case. The original charge of OWI-2nd was reduced to the non-alcohol-related, non-traffic misdemeanor offense of Negligent Operation of a Motor Vehicle, which would not involve any license loss and would not even appear on CR's driver record! CR also avoided the IID requirement and would not have to complete the lengthy and costly counseling program. Most importantly, CR avoided the awful professional stigma of being a repeat drunk driver. Another career saved.

February 17, 2014: OWI-1st (with .12 Breath Test Result) Reduced to Two Minor Traffic Tickets

DB's case is a perfect example of the never-quit attitude our attorneys bring to our clients' cases. For more than 18 months, the prosecutor Dennis Melowski dealt with would not budge. Through a contested municipal court trial, motions filed in circuit court and a string of seemingly dead-end negotiations, Dennis persisted in pursuing DB's goal of avoiding a drunk driving conviction. And Dennis' efforts finally paid off...in a big way. Rather than risk a loss at trial, the prosecutor ultimately agreed to reduce the original OWI-1st charge to the minor traffic offense of Inattentive Driving. The remaining charge of PAC-1st was reduced to the minor traffic ticket of Operating Without Headlights Lit. Aside from paying fines, DB suffered no consequences from this outstanding resolution and completely avoided a drunk driving conviction. He couldn't be happier.

Starting Off the New Year with a Bang: 2 Weeks, 2 Sets of Drunk Driving Charges Dropped

Case #1: Complete Dismissal of OWI-2nd/PAC-2nd (with .192 Blood Test Result)

One of the first areas of our clients' cases we always assess is whether the arresting officer had a valid basis to pull them over in the first place. If a police officer has insufficient grounds to conduct a traffic stop, it can be grounds for having the entire case thrown out. In this case, our client, CAM, was pulled over because he "appeared to be exceeding the speed limit," according to the officer. The officer based this claim on a visual estimate of the client's speed and the fact that it sounded like he was speeding based on the excessive noise coming from his engine. But the officer had no objective proof of the client's speed. There was no radar or laser reading and the officer did not "pace" the client's vehicle. In short, the stop was based on mere guesswork and speculation, not actual proof. Dennis Melowski recognized this deficiency immediately and filed a motion to have all of the evidence against CAM thrown out, including his .192 blood test result. A lengthy hearing was held, during the course of which the arresting officer repeatedly embarrassed herself with admissions of shoddy police work. After the hearing, the judge ordered further briefing to allow the prosecutor a final opportunity to try to save his case. But once the briefs were submitted, the writing was already on the wall. The judge ruled in Dennis' favor and threw out all of the evidence in CAM's case. The prosecutor had no choice but to dismiss all of the charges. It was a complete victory for CAM.*

*This was the second time that Dennis was able to obtain a victory for this particular client. Another drunk driving charge was reduced to a non-alcohol-related offense in 2010, an offense that didn't even appear on his driver record.

Case #2: OWI-1st/PAC-1st (with .11 Breath Test Result) Reduced to Minor Traffic Offense

Like many of our clients, JRB was referred to us by a former client whose drunk driving case we won. In this particular case, JRB was the sister of a former CDL client of Dennis Melowski.  And Dennis delivered again in a big way for JRB. As it turns out, JRB worked for a company in Chicago which required her to have fully valid driving privilegesas a condition of employment. She simply couldn't afford a DUI conviction under any circumstance. Her job was literally on the line. Despite having to contend with some very difficult facts, Dennis was able to ultimately convince the prosecutor* to reduce the drunk driving charge to the non-alcohol-related, minor traffic offense of Inattentive Driving. Better yet, to avoid point problems for JRB, Dennis was even able to get the prosecutor to reopen and reduce a speeding ticket JRB had gotten earlier in the year. As a result of Dennis' efforts,  JRB never lost her license for a single day and avoided the life-altering stigma of a drunk driving conviction that would have certainly derailed her career.

*This particular prosecutor is someone with whom Dennis has had many cases over the years. Early on in Dennis' career, this prosecutor took a hard line approach with several of Dennis' cases and they ended up going to trial. After Dennis' third victory in a row, the prosecutor softened up. A lot. People often ask how our firm is able to obtain the truly exceptional results we obtain for so many clients. This is how.

December 26, 2013: OWI-1st/PAC-1st (with .14 blood test result) Reduced to Zero-Point Traffic Offenses; Another CDL Client's Career Saved

Our client, RS, is a commercial driver whose career absolutely depends on maintaining valid CDL privileges. In his profession, a drunk driving conviction is like a career death sentence. So when RS was pulled over for speeding and excessive engine revving after consuming some drinks at a concert, his career literally flashed before his eyes. Having a blood test result that came back at .14 only made his fears worsen. Fortunately, RS was referred to Dennis Melowski by a former client, another CDL holder whose case Dennis was able to get completely dismissed. After reviewing RS's case, Dennis saw light at the end of the tunnel. As it turns out, there were multiple shortcomings in the officer's investigation of RS's case, specifically relating to how the officer administered the field sobriety tests to RS and the "results" those tests claimed to produce. Dennis filed several legal challenges on RS's behalf. Just a few days prior to the hearing with the judge regarding those challenges, Dennis was able to negotiate a fantastic settlement. Under the deal Dennis reached, RS's original OWI charge was reduced to Improper Parking Off Roadway. The remaining PAC charge was reduced to Improper Signal. These two reduced  charges are considered so minor that they each carry zero points. Aside from paying fines, RS suffered no consequences from this incident. He never lost his license for even a single day and his commercial driving career remains fully intact. A truly outstanding way to close out a most successful 2013.

November 27, 2013: Another Headline-Making Victory in the Court of Appeals: Higher Court Upholds Dismissal of Client's Refusal Charge

Dennis Melowski's successful defense of former state senator Randy Hopper already made headlines locally and nationally when a jury found him NOT GUILTY of all charges back in March of 2012. But the County of Fond du Lac didn't take that loss too kindly. For the past 18 months, they have been doing everything in their power to convince the Court of Appeals to reinstate the charge of  Refusing a Chemical Test against Mr. Hopper, a charge that was dismissed by the trial court judge in the aftermath of the jury's not guilty verdicts. After slugging the case out in the appeal system for the last year and a half, justice finally prevailed (again). The Court of Appeals ruled against the County and upheld the trial judge's decision to dismiss the Refusal charge. Mr. Hopper remains completely exonerated.

The outcome in Mr. Hopper's case is yet another example of the lengths to which our attorneys will go to protect the interests of our clients. It's the only way we know.**

Media accounts of our victory in Mr. Hopper's case can be read here:

http://www.jsonline.com/blogs/news/233629391.html

http://www.fox11online.com/web/fox11online/news/local/fox-cities/appeals-court-rules-on-hopper-fond-du-lac-owi-case

http://www.startribune.com/politics/national/233613291.html

http://www.postcrescent.com/viewart/20131127/APC0104/311270262/

**A special thanks to Attorney Chad Lanning, West Bend, WI, for his invaluable assistance and insight during Mr. Hopper's appeal. It is truly appreciated.

Attorney Sarvan Singh Closes Out Year on an Extraordinary Streak

Attorney Sarvan Singh has been on a tear recently. Along with having several drunken driving charges amended to non-alcohol-related offenses , two of his clients completely avoided felony OWI convictions. Here is an overview of the remarkable outcomes he has obtained for his clients over the past several weeks:

1) OWI-5TH REDUCED TO OWI-1ST: Twelve years ago, MMM had four drunken driving convictions in less than two months. After that, he got clean and turned his life around. But when he picked up another one earlier this year, he was looking at a felony 5^th offense. With his world collapsing around him, MMM made preparations for prison. However, Attorney Singh refused to give in. He pulled MMM’s record and challenged his prior convictions. Going toe to toe with the prosecutor for nearly a year, the judge ruled that the prior convictions must be thrown out. This turned MMM’s felony 5^th offense into a civil first offense OWI. No jail, no probation, no prison, no ignition interlock device, and no more stress. MMM is now back on track thanks to Sarvan's relentless advocacy. It's what every client can expect with the attorneys at this firm.  

2) OWI-1ST REDUCED TO TWO NON-ALCOHOL-RELATED TRAFFIC OFFENSES: JMH is a young man who made a mistake. Legally, he should not have been drinking. He then displayed further poor judgment by driving. When he noticed red and blue flashing lights in his rear-view, JMH knew he was in trouble. The situation worsened when he blew over the legal limit. JMH’s family reached out to Attorney Singh because they knew what this conviction would mean to JMH and his promising future. Attorney Singh, in turn, reached out to the prosecutor and lobbied relentlessly on JMH's behalf. After highlighting the problems with JMH’s case, the prosecutor amended the OWI to two traffic citations. Attorney Singh was thrilled to see the wave of relief wash over the faces of JMH and his family. Instead of partying, JMH now focuses on his classes and graduate school applications. His future is as bright as ever. 

3) TWO CAREERS SAVED: TWO SETS OF DRUNK DRIVING CHARGES DROPPED: When you make your living behind the wheel, the one thing you can't be without is a driver’s license. That is the situation for both of Sarvan's clients, BBB and JAW. BBB traverses the Midwest for work and JAW is a commercial driver. Both support their families and a loss of license would be the loss of employment. JAW had a blood test of .147, but exhibited no poor driving and his performance on the field tests was not indicative of such a high alcohol level. BBB also showed no bad driving and while his blood test result was lower, his field tests were very poor. In BBB’s case, Attorney Singh was able to show the prosecutor that BBB’s alcohol content was much lower at the time of driving. The result was a reckless driving for BBB. For JAW, Attorney Singh heavily litigated a variety of legal issues which converted the drunken driving into a simple traffic ordinance.  Both JAW and BBB were overjoyed that Attorney Singh kept an OWI conviction from derailing their livelihoods. 

4) OWI-1ST (WITH .16 BREATH TEST) REDUCED TO RECKLESS DRIVING: ANOTHER COMMERCIAL DRIVER'S CAREER SAVED: JPK has his own business. This business requires a commercial license. Simply put, if he doesn’t have his commercial license, he doesn’t work. So when he was pulled over on his motorcycle and arrested for OWI, he stood to lose everything. Luckily, Attorney Singh had prior dealings with the prosecutor assigned to JPK's case. This prosecutor was keenly aware of the reputation developed by the lawyers at Melowski & Associates. Instead of digging his heels in for a drawn-out legal battle, the prosecutor simply amended the charge to a reckless driving, which in turn, saved JPK’s family business. This is the type of outcome that only attorneys with clout can achieve.  

 5) TRULY REMARKABLE: OWI-5TH REDUCED TO INATTENTIVE DRIVING: The following result is nearly unheard of. GOB was pulled over for a felony 5^th offense OWI while riding his motorcycle on Highway 10. An elderly gentleman, GOB was petrified at the prospect of prison, which is a near certainty in many fifth offense cases. Attorney Singh took one look at the case and told him not to worry. The arrest was riddled with errors and shoddy police work . Couple this with the fact that GOB’s prior convictions were also questionable, which left Attorney Singh confident he could truly help GOB. But even GOB could not foresee this type of resolution: The felony OWI 5^th offense was reduced all the way down to inattentive driving, which is a minor traffic offense. GOB is still in disbelief that this potential felony is now simply a traffic ticket.

If you are considering hiring another law firm to represent you in your drunk driving case, please ask them if they can document results like this over the course of the past year. It will not take long for you to figure out who the pretenders are. We promise. 

November 11, 2013: Complete Dismissal of OWI-1st/PAC-1st Charges (with .214 Blood Test Result)

Relentless is a word that is often used to describe our approach to defending our clients' drunk driving cases. We will not be bullied by prosecutors, nor will we be intimidated by judges. Our focus is singular: do anything we ethically can to achieve our clients' goals and obtain the best possible outcome for them. The case against our client, JEH, is a perfect example of this. JEH was arrested in September of 2011. For two years, Dennis Melowski explored every possible legal avenue on JEH's behalf, including raising challenges to the admissibility of the field sobriety test evidence against JEH. As it turns out, JEH suffered from a variety of physical ailments that seriously called into question the validity of the results from those tests. Dennis was even able to catch the arresting officer in a big lie: the officer claimed to have observed nystagmus in one of JEH's eyes, an eye in which JEH had no sight! Dennis argued his case to the judge at a lengthy motion hearing and, at the end of the hearing, even the judge expressed skepticism about many of the officer's claims. After extensive briefing of the matter over the next several months, the veteran prosecutor finally realized that Dennis had probably damaged the case against JEH beyond repair. Prior to the judge even making a decision on Dennis' motions, the prosecutor agreed to dismiss the OWI and PAC charges against JEH. In exchange JEH plead no contest to a companion ticket for Failure to Keep Vehicle Under Control. Aside from paying a fine of $193.10, JEH suffered no consequences from this incident. He did not lose his license for even a single day; avoided the mandatory IID requirement; and, above all, avoided a life-changing drunk driving conviction.