October 24, 2013: Jury Finds Client NOT GUILTY in OWI-1st/PAC-1st Case

All jury trial victories are satisfying, but the one in County of M. v. IBA was particularly so. Not only was the victory EXTREMELY important to our client's professional career, it occurred in a county that takes a very inflexible approach to negotiating drunk driving cases. In this county, you either plead guilty as charged or fight the case. There is no middle ground. And in this case, the prosecutor thought he had a slam dunk against our client, IBA. IBA had been stopped for going 71mph in a 45mph zone. He admitted to drinking 3 beers and a Jack and Coke and performed poorly on all of the field sobriety tests, at least according to the officer. He also took a roadside breath test that was over the legal limit. Following his arrest, IBA was taken to the hospital for a blood draw, which revealed an alcohol level of .102, also over the legal limit. In short, the prosecutor believed he had plenty of ammunition to convict IBA of drunk driving, an outcome that would devastate IBA professionally. IBA knew he would have to find the very best DUI defense attorney possible to save his career.

The company for whom IBA works, a major international corporation, was also very interested in helping IBA, whom they consider a major asset to their operations. The company turned to their corporate law firm in Washington D.C. for assistance in identifying the top DUI defense attorney in Wisconsin. The law firm provided only one name: Dennis Melowski. From the moment Dennis took over IBA's case, he knew he would have to do everything possible to whittle down the case against IBA, given the number of difficult facts that needed to be overcome. Dennis filed legal challenges to several pieces of evidence in IBA's case, to no avail. The judge denied each of Dennis' challenges, despite their seemingly obvious legal merit. The judge's consistent rulings against Dennis served only to embolden the prosecutor's belief that a drunk driving conviction was inevitable. But as countless prosecutors have learned over the years, few cases are ever as strong as they look, especially when our firm is on the case. On the day of the jury trial, Dennis meticulously dismantled the prosecutor's case. From establishing that many people are stopped for speeding on this same stretch of road (it has the distinct appearance of having a much higher speed limit than it does), to pointing out numerous inconsistencies in the officer's claimed observations, the case against IBA was gradually falling apart right before the jury's eyes. But Dennis did the most significant damage to the blood test evidence. Despite having to contend with one of the most experienced analysts at the lab (a supervisor, in fact), Dennis was able to extract several damaging concessions from this witness. From failed proficiency tests, to mechanical issues and other anomalies that related directly to the analysis of IBA's sample, there was more than enough reason to doubt the result this lab claimed. In the end, it took the jury only 40 minutes to find IBA NOT GUILTY of both the OWI and PAC charges. IBA walked out of the courthouse completely exonerated, with his bright and promising professional future fully intact. Satisfying, indeed.     

October 15, 2013: OWI/PAC-1st (with .145 Blood Test) Reduced to Two Minor Traffic Tickets

This was yet another career-saving outcome for one of our many commercial driving (CDL) clients. For the last 15+ years, our client, DAB,  has held an excellent driving position  with a nationally-known Wisconsin company. DAB's record of service for this company had been impeccable and he was a very valued employee. As is often the case, however, DAB's company had a very strict policy that called for immediate termination upon a DUI conviction. The company's policy was so strict that termination would result even if the DUI would get reduced to Reckless Driving. This meant that from day one, Dennis Melowski knew that DAB's case would have to be pushed as far as necessary to convince the prosecutor to resolve the case with a minor traffic offense to save DAB's job.

At first, it appeared that Dennis was facing a steep uphill battle given the allegations against DAB. The police had accused him of driving his truck off of a straight stretch of road right into a tree, at a very high rate of speed. The resulting collision totaled DAB's truck and injured him to the point that flight for life had to be called. The blood test at the hospital where DAB was flown revealed an alcohol level of .145, a result that far exceeded the legal limit of .08. The prosecutor initially assigned to the case took a very hard-line approach and was unwilling to give DAB any breaks. But this prosecutor did not have the experience necessary to perceive the many weak points in her case that Dennis was able to identify through careful questioning of the arresting officer at DAB's DOT suspension hearing. After a lengthy hearing was held for the judge to address the legal challenges Dennis had raised, it became apparent that the case against DAB was far from air-tight. Once a more experienced prosecutor was assigned to brief the issues Dennis argued to the judge, the County began to realize that Dennis was probably right. Rather than risk losing the entire case, the experienced prosecutor finally agreed to Dennis' demands and a fantastic settlement was negotiated. The original drunk driving charges were dropped. Instead, DAB plead no contest to two minor traffic tickets: Inattentive Driving and Unreasonable and Imprudent Speed. Aside from paying fines, DAB suffered no consequences from this incident. Both his regular and commercial driving privileges were completely spared and he was able to avoid the career-killing stigma of being a convicted drunk driver. And he still has his job.

September 18, 2013: OWI-6th Offense Conviction Thrown Out By the Court of Appeals

Perhaps no case epitomizes the relentless advocacy we provide for our clients more than this one. This case was already the subject of a post in our Real Results Tracker way back on March 1, 2012, when Dennis Melowski convinced a Washington County judge to sentence his OWI-6th client to county jail with work release instead of prison. This was a phenomenal result in Washington County, since 99% of people who have a 6th offense end up with a prison sentence there. In fact, this same Washington County judge had sentenced someone to prison just a few weeks before, and that was only a 5th offense. But after listening to Dennis' sentencing arguments (which the judge described as "so eloquent") he handed down a sentence to Dennis' client that most lawyers would have taken and run with. And while Dennis was pleased that the judge sided with his sentencing arguments, he also knew that the judge had made a mistake in denying a motion to dismiss Dennis had filed much earlier on in the case. Had the judge made the correct ruling on Dennis' motion, all of the charges against his client would have been thrown out and there would have been no sentence at all...lenient or not. That fact did not sit well with Dennis. He knew he would have a client sitting in jail who shouldn't be there. Instead of being content with a teriffic sentence, Dennis immediately commenced an appeal of the judge's erroneous ruling. After more than 18 months of fighting the case in the appeal system (including the filing of a motion to reconsider with the Court of Appeals itself), Dennis and his client finally obtained justice. On September 18, the Court of Appeals handed down its decision reversing the conviction and throwing out ALL charges against the client. It was a complete and total exoneration and the best possible outcome the client could have hoped for. When we say that we will leave no stone unturned in the relentless pursuit of our clients' goals, it isn't a sales pitch. It's our passion.* To read the Court of Appeals decision in this case click here:  https://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=101931.

*It should definitely be noted that the victory in this case was truly a team effort, as all of the attorneys in this firm (Melowski, Singh and Murray) worked very hard to achieve this exceptional result. Our team approach to such things is one of the great advantages our firm can offer to our clients.

Matt Murray Obtains Another Outstanding Result: OWI - Causing Injury and Felony Hit and Run with a Blood Test of .256 Reduced to OWI-1st with No Jail.

A lot was riding on this case.  Not only would a felony conviction result in SK losing his job, but you can imagine how difficult it would be to find another one.  Not only that, but the State was initially seeking probation and 50 days jail along with other enhanced penalties relating to license revocation, ignition interlock and fines.  By fighting the case right up until the end and taking a hard-lined approach in negotiations, the prosecution eventually agreed to amend the OWI-Causing Injury to a simple OWI-1st without any jail or probation and agreed to place SK on a Deferred Prosecution Agreement on the Felony Hit and Run.  That means that as long as SK follows the agreement for one year, which included alcohol counseling, then that charge would be completely dismissed.  Another job saved.

Four More Clients Avoid Drunk Driving Convictions: The Firm's Most Successful Year Yet Continues

Case #1: OWI-1st (with .172 Blood Test Result) Reduced to Two Minor Traffic Offenses

Despite an accident and a blood test result more than twice the legal limit, our client, RAE, was spared the life-altering stigma of a drunk driving conviction thanks to the shrewd lawyering of Dennis Melowski. Although RAE's case initially looked like it would be very difficult, Dennis was able to lay the groundwork for a fantastic outcome with his careful questioning of the arresting officer at RAE's DOT suspension hearing, even convincing the DOT to not administartively suspend RAE while his case was pending in court. Due to the damage Dennis had done at the DOT hearing, the prosecutor knew a conviction on the original drunk driving charges would be a longshot. Dennis was able to convince the prosecutor to reduce the OWI charge to the minor traffic offense of Inattentive Driving. The PAC charge was reduced to the equally minor offense of Failure to Keep Vehicle Under Control. Aside from paying some small fines, that combined were still less than the drunk driving fines, RAE suffered no consequences. He never lost his license for a single day, avoided the costly and embarrasing IID device, and has no alcohol-related conviction on his record. A truly fantastic outcome.

Case #2: Complete Dismissal of OWI-1st Case with .11 Blood Test Result

There are certain professions where a drunk driving conviction can be particularly devastating. The medical profession is certainly one of them. From suspension of medical license to the loss of hospital privileges to irreperable damage to a hard-earned reputation, the stakes for doctors are particularly high. So when our client, MO, turned to his family attorney for advice in fighting his drunk driving charge, the attorney had only one piece of advice: "Call Dennis Melowski." It turned out to be one of the best decisions of MO's professional life. After fighting the case tooth and nail for more than a year, Dennis' relentless efforts finally paid off...the very day before MO's jury trial was set to begin. Due to a legal motion Dennis raised, he was able to convince the judge that the blood analyst the County planned on calling as a witness at the trial should not be allowed to testify. Without that witness, the blood test would not be admissible...and the County would have a very weak case. Faced with the choice of proceeding to trial without their key evidence or dismissing the case, the experienced prosecutor knew she had no choice. The charges were dismissed as if they never even happened in the first place. It was the best possible outcome MO could have hoped for. His hard-earned reputation is fully intact.

Case #3: OWI-1st (with .08 Blood Test Result and THC Present) Reduced to Inattentive Driving

Defending a drunk driving case where the blood test result is over the legal limit can be hard enough. Defending such a case where there are both  drugs and alcohol involved is twice as hard. This is exactly the situation presented to us by our client, MF. With an alcohol level of .08 and marijuana present in his blood, things initially looked very bleak for MF. But after Dennis Melowski exposed numerous shortcomings in the police investigation, the veteran prosecutor knew that Dennis would be able devastate the case if it went to trial. Rather than risk a complete loss, the prosecutor agreed to a fantastic resolution. The OWI, PAC and Restricted Controlled Substance (RCS) charges were all dropped. Instead, MF entered a no contest plea to the minor traffic offense of Inattentive Driving. He never lost his license for a single day and has no trace of an alcohol or drug conviction on his record. As a college student pursuing a career in law enforcement, MF was thrilled with this outcome. His future remains as bright as ever.

Case #4: OWI-1st (with .158 Blood Test Result and an Accident) Reduced to Reckless Driving

Many people are reluctant to fight their drunk driving case because they view them as cut and dried. Nothing can be done, they think, because their blood test is over the legal limit. This skepticism was true with our client, RJF. RJF thought his case was just too bad to fight. But at the urging of 2 separate former clients of Dennis Melowski's (each of whom avoided a DUI conviction) RJF decided he had too much at stake to not fight his case. And he couldn't be happier with his decision. Despite some very difficult facts to overcome, Dennis was able to convince the prosecutor to drop the alcohol-related charges. Instead, RJF agreed to a reduced charge of Reckless Driving, which carries no license loss, no IID requirement, and no alcohol counseling. Most importantly, RJF is not a convicted drunk driver. Never view a situation as hopeless. Just ask RJF.

AUGUST 22, 2013: ATTORNEY MATT MURRAY OBTAINS OUTSTANDING RESULTS IN TWO SEPARATE CASES

From almost thirty years in prison to no jail, no felony conviction, and a reduction in restitution.

While our firm normally focuses exclusively on drunk driving defense, several years ago Attorney Matt Murray represented JS's son who was charged with rape and got the case completely dismissed. Naturally, years later when JS himself was charged with three separate felony cases adding up to a potential twenty-nine years and nine months in prison, he wanted "the best attorney he knows" and called Matt Murray.  The charges ranged from defrauding the government, maintaining a drug house and delivering prescription drugs, to staging a robbery and defrauding an insurance company.  Things looked grim initially and Attorney Murray knew he had his work cut out for him.

Undaunted, Attorney Murray went to work investigating the allegations.  The prosecution knew it had a rough time ahead of it when, after Attorney Murray's performance at the preliminary hearing, the judge remarked how weak the case was.  By poking holes in the prosecution's theories right from the beginning and pushing the case to trial, Attorney Murray was able to work out a deal that seemed impossible when the case began.

While the District Attorney's office initially believed they had found the prescription drug kingpin of the area, Attorney Murray was able to convince them that all of the drug charges were completely bogus and they were subsequently dismissed completely.  The prosecution also agreed to completely dismiss the government fraud charge if JS plead to a misdemeanor fraud charge regarding the insurance company and the prosecution would recommend only two years of probation.  Furthermore, the nearly $10.000.00 in restitution being requested was dropped to $4,500.00.

A case that initially seemed hopeless, with a lengthy prison sentence a near certainty, ended with JS spending no time in custody, without any felony conviction, and a drastic reduction in restitution. Now more than ever, JS has no doubt that Matt Murray is the best attorney he knows. 

Another career saved

MS hired Attorney Matt Murray to save his career and he delivered in a big way.  MS was charged with OWI and PAC in November of last year.  The biggest problem for MS was that he desparately needed his license for his job to drive to various work sites in Wisconsin and in other states.  An occupational license was not an option as he had already been told by his employer that he would be let go if he could only drive on an occupational license.

The first step for Attorney Murray was avoiding the six month administrative license suspension that occurs while the charges are pending in court.  By pointing out the problems with the paperwork, the Department of Transportation agreed that they would not be suspending MS's license.

Attorney Murray then fought the case aggressively, filing motion after motion.  When that did not work, Attorney Murray pushed the case to trial, ready to proceed with a novel defense.  On the morning of trial, when the jury was waiting to come in, the prosecution agreed to amend the charge to a negligent operation of a motor vehicle, which carries no license suspension at all.  While waiting for the judge to come in, the prosecutor looked over to MS and said "you've got a great attorney, I've never seen anything like it."  The judge, equally impressed, told MS he received a huge break because of Attorney Nurray's efforts. Now that his career has been saved, MS couldn't agree more.  

AN UNHEARD OF RESULT IN AN OWI-HOMICIDE CASE

It is difficult to describe an OWI-Homicide case as having a successful outcome. After all, an innocent person has died and that fact will never change, regardless of what happens in the end. In addition to the loss of a victim's life, these tragic cases often involve the destruction of the alleged perpetrator's. Since 99% of these cases end with a prison sentence (usually a long one) families can be torn apart for years and careers can be devastated. The tragedy of the typical outcome in these cases is exacerbated when the person facing such a serious charge is widely regarded as a good, caring and responsible person...with no prior record. That certainly described our client, CPS. Although only 23, CPS was held in high esteem by everyone who knew him. Hard-working, responsible and very involved in his local church, few would have predicted that CPS would ever find himself staring down a homicide charge that could send him to prison for the next 15 years. After the initial shock of this unthinkable reality wore off, CPS and his family knew they would have to find a lawyer up to the challenge of saving his life. Not knowing who to call, they turned to their business attorney for a recommendation. His advice was simple: "You need to call Dennis Melowski."

Dennis has significant experience with these charges over the years and they are always difficult. One of the many difficulties is the fact that public perception of such a charge often clouds legitimate defenses that may exist. And in this case, CPS had a legitimate defense: was the accident unavoidable? Knowing how critical quick action is in these cases, Dennis immediately dispatched his accident reconstruction expert to the scene of the accident, laying the groundwork for what would ultimately be one of the keys to CPS's defense. As it turns out, the cyclist whom CPS struck was riding down a rural county highway on a foggy, rainy night. Visibility was poor. And although two eyewitnesses claim they saw a flashing light on the bike, no light was ever recovered from the bike or the vicinity. A serious question began to arise as to whether any motorist traveling that same stretch of highway in those conditions would have seen the cyclist with enough time to take evasive action. This fact, combined with some other investigative deficiencies in the case, led to a phenomenal resolution of CPS's case just one week before his week-long jury trial was scheduled to begin. The original charge of OWI-Homicide was amended to Second-Degree Reckless Homicide (which carries no license revocation) and the prosecutor agreed to just a 90-day county jail sentence with work-release privileges, along with 3 years of probation. Recognizing the legitimate factual issues that existed in the case, along with CPS's impeccable character and sincere remorse, the experienced judge approved the sentence. Not only was CPS spared a prison sentence, he was able to keep his job at the family business. And while CPS and his family will mourne the loss of the victim's life forever, the sense of relief they feel with the outcome of this case cannot be imagined.

Media accounts of the result in this case can be read here:

http://www.jsonline.com/news/crime/bicyclists-death-puts-owi-law-in-spotlight-b9966392z1-218316911.html

http://www.fdlreporter.com/article/20130717/FON0101/307170307/

http://www.fox11online.com/dpp/news/local/fox_cities/probation--90-days-jail-in-fatal-owi