May 15, 2014: Jury Finds Client NOT GUILTY in OWI-2nd Case (with .10 breath test result)

The prosecutor in this case made our decision to go to trial a very easy one. He would not agree to reduce AH's drunk driving charge to a lesser offense and would not make any meaningful concessions in the sentence he was seeking. So he lost the case instead. After poking hole after hole in the arresting officer's explanation of events, Dennis Melowski quickly made the State's case against AH fall apart. Dennis even caught the arresting officer red-handed on police department video skipping a very important part of the breath test procedure, a misstep that seriously called into question the accuracy of the result. In the end, it took the jury only 20 minutes to find AH NOT GUILTY of all charges. Sometimes the State has to learn the hard way and Dennis is more than happy to teach them. And AH is even happier.

6 More Clients Avoid Drunk Driving Convictions

Our attorneys have been on an absolute tear lately. All of the following fantastic results have occurred just in the last 2 months:**

1) OWI-1st/PAC-1st (with .11 blood test result) Reduced to Inattentive Driving and Speeding

This case was a major victory for DG, one of our many out-of-state clients. Had he been convicted of the original drunk driving charges, he would have been facing drastic consequences in his home state, consequences that would have likely led to him losing his job and profoundly impacting his ability to gain similar employment in the future. The stakes were very high in this case. After several months of intense negotiations with the prosecutor, Dennis Melowski was able to convince the prosecutor to drop the original charges to minor traffic offenses based on numerous holes Dennis was able to uncover in the case. Based on the deal Dennis worked out,  DG suffered no penalties other than fines and never lost his license for a single day. 

2) OWI-1st/Refusal of Chemical Test Reduced to Non-Alcohol-Related Town Ordinance Violation

Our client, SD, came to us with a very difficult set of facts. He had been called in by another driver who followed him all the way to his house. Ultimately the police responded and SD was allegedly found passed out in his driveway. The police believed they had a "slam-dunk" drunk driving case on their hands and quickly arrested SD. In their haste, however, the police made some mistakes in their investigation and we were able to develop an issue as to whether the cops had authority to go on to SD's property in the first place. Also, SD never actually refused to submit to the blood test, contrary to the officers' claims, a point we were able to very successfully leverage in negotiations with the prosecutor. In the end, it became apparent to the prosecutor that there were legitimate issues in SD's case that made it far more trouble to prosecute than it was worth. Ultimately, we were able to convince the prosecutor to agree to an outstanding resolution of SD's case. The original drunk driving and Refusal charges were dropped. In exchange, SD agreed to plead no contest to a newly issued municipal ordinance violation for Disorderly Conduct, an offense which will not even appear on SD's driver record. Aside from paying a fine, SD suffered no consequences from his arrest. He could not have been happier with this terrific outcome. (To read SD's review of our work in his case on an independent lawyer rating website, click here:  http://www.avvo.com/attorneys/53081-wi-dennis-melowski-1523763/reviews.html).

3) First Offense (with .249 blood test result) Reduced to Inattentive Driving for Police Officer Client

Much of our unmatched success in defending accused drunk drivers is due to our proven ability to completely dismantle and discredit police testimony in court. Often, we must be confrontational with the police to effectively represent our clients, which can sometimes lead to strained relations with the officers. Ironically, however, we have had countless clients referred to us over the years by police officers. Whether family members or friends, these officers want the best possible representation for the people closest to them. In short, perhaps more than anybody, the cops on the front line know who the most effective attorneys are. They either see it with their own eyes in court or they hear about it from other officers. Several times, we have even represented officers themselves who have had the misfortune of being arrested for drunk driving, which was the case with our client, HM. HM had been involved in a serious accident in which she sustained injuries. Although the accident was not her fault, a blood test during medical examination following the crash revealed that she had an alcohol level of .249 in her blood, a result that was more than 3 times the legal limit. The blood test evidence was very damning and it became the central focus of the case against HM. After much research and countless hours going through the blood evidence, we were able to find several significant reasons to question the validity of the result. Months of intense negotiations with the prosecutor produced a fantastic result for HM. The drunk driving charged was dropped. Instead, HM plead no contest to Inattentive Driving, a minor traffic offense which carries no loss of license. HM was spared the career-ending stigma of a drunk driving conviction and is still employed as a police officer. 

4) OWI-1st/Refusal Of Chemical Test Reduced to Reckless Driving and Operating Left of Center

This case is another example of our complete devotion to accomplishing our clients' goals, regardless of how long it might take. KD's case was more than two and a half years old when we finally worked out the deal that saved his job. Despite heavy resistance, we were able to finally convince the prosecutor to drop the original drunk driving and Refusal charges in exchange for no contest pleas to reduced charges of Reckless Driving and Operating Left of Center. How? By closely examining the video of KD's alleged refusal of the breath test at the police station, we were able to identify several misleading and erroneous comments made by the officers that played a factor in KD's alleged refusal of the test. In short, the cops screwed up and we could prove it with their own video evidence. Without the Refusal charge, the prosecutor knew he would have a very difficult time in prevailing on the OWI charge, which prompted this great resolution. As a side benefit to KD, due to the age of his case when it was resolved, the points associated with the 2 reduced charges no longer would count against his driver record. Another VERY happy client.

5) Commercial Driving Client Avoids Lifetime CDL Disqualification; Second Drunk Driving Charge (with .174 blood test result) Amended to Non-Alcohol-Related Misdemeanor Offense

Although only 27, JS was staring down his second drunk driving charge. Because of this, JS was facing lifetime disqualification of his commercial driving privileges. This would not only mean the immediate loss of a well-paying commercial driving job, it would also mean that JS would never drive commercially again. Ever. JS could not bear the thought of such a harsh consequences. Fortunately, a close friend of JS' was a former client of Dennis Melowski's whose commercial driving career Dennis had saved. This former client urged JS to not give up hope and to call Dennis right away. JS took his friend's advice and it was the best decision he ever made. Dennis was able to convince the prosecutor to drop the original drunk driving charges in exchange for JS' plea of no contest to a newly issued misdemeanor charge of Negligent Operation of a Motor Vehicle, which would not even appear on JS' driver record. JS was placed on probation for one year and had to pay a fine, but he never lost his license for a single day; didn't have to spend a single day in jail; and his commercial driving privileges remain fully intact. And he still has his job. 

6) OWI-1st/PAC-1st (with .12 breath test result) Reduced to Inattentive Driving

Few professions are hit harder by a drunk driving conviction than commercial airline pilots. A drunk driving conviction is viewed as such a black mark for a commercial pilot that it can be a death sentence for a pilot's career. That's the situation our client, RC, found himself in. At 52, RC couldn't afford to start looking for a new career. Being a pilot was all he had ever known. RC knew he would have to do whatever he could to keep this unfortunate incident from ruining the rest of his life. After extensive research, and after interviewing many very good attorneys, RC decided that Melowski & Associates was his only hope. It was a decision RC will never regret. After slugging the case out for more than a year, the prosecutor finally gave up seeking a conviction on the original drunk driving charges.Instead, RC agreed to plead no contest to Inattentive Driving, a non-alcohol-related, minor traffic offense that would have no impact on RC's driving privileges. Even more important, it would have no impact on RC's pilot license and would result in no repercussions from the FAA. RC's flying career was saved. It was the exact outcome he was hoping for.

**This truly is a remarkable string of successful results in some very difficult drunk driving cases. If you are calling around and talking to other attorneys, please ask them to identify the outcomes of drunk driving cases they have resolved in the last few months. Make them be specific. Our guess is that you will not hear anything close to this. If they tell you at all.

     

March 18, 2014: Jury Finds Client Not Guilty of All Charges in OWI-2nd Case (with .11 Blood Test Result)

Our client, JB, had a lot riding on this case, a fact Dennis Melowski was well aware of before he even agreed to take it on. JB's job was literally on the line. As an electrician for a large electrical contracting firm, JB was required to drive company-owned vehicles on a moment's notice. A conviction for a second drunk driving offense would have made that impossible, given the mandatory ignition interlock requirement and long waiting period for an occupational license JB was facing. Unfortunately, the DA's office with whom Dennis Melowski was dealing wouldn't budge during pretrial negotiations. Given the allegations against JB, they thought they had a slam-dunk case. JB had been stopped for having a burnt-out headlight and supposedly failed the field sobriety tests on camera, in addition to having all of the classic "impairment indicators" (slurred speech, bloodshot eyes, slow/deliberate movements, etc.). On top of all that, JB's blood test result came back at .11. In short, the DA's office felt a jury would easily convict JB when presented with all of the evidence.

But as countless prosecutors who have had jury trials against Dennis Melowski have learned, no case is ever as strong as they think it is. In fact, it is the seemingly blind faith that prosecutors have in their police witnesses and blood test evidence that Dennis likes to take advantage of. And there may not be a more compelling example of this than the outcome in JB's case. All of the "slam-dunk" evidence the prosecutor was so certain would be JB's doom turned out to hold the keys to JB's complete exoneration. The squad video evidence? Dennis used that to catch the arresting officer in numerous lies and half-truths that seriously called into question the officer's credibility. Dennis' cross-examination of this officer was so effective that it became the talk of the courthouse for a few days after the trial. The blood test result? Dennis was able to get the unprepared analyst to admit to several shortcomings at the lab that went directly to the validity of the result in JB's case. Dennis was even able to get the analyst to admit she made a mistake in one of the calculations she did during her testimony in front of the jury! By the time Dennis was through with the State's witnesses, the case against JB went from a slam-dunk conviction to a complete acquittal. The jury found JB NOT GUILTY of all charges. It was the best possible outcome for JB. And he deserved it.

Client found not guilty at trial in OWI 1st with .198 blood test

Prosecutors often leave you no choice. They give you one option- plead to the drunk driving.  That's it. And let's be honest, it's not much of a choice. That was exactly what HC was presented with when charged with OWI. Unfortunately, an OWI conviction would be devastating to HC. She possessed a commercial driver's license and owned a trucking company. A conviction meant catastrophe for her business and livelihood. After substantial research, she reached out to our firm and sat down with Attorney Sarvan Singh. She presented her paperwork, which included a blood test of .198. Attorney Singh appealed to the prosecutor. Given how much HC stood to lose if convicted, it seemed only right to amend the charge. Unfortunately, the prosecutor dug in and forced the matter to jury trial. At trial, Attorney Singh made quick work of the prosecution's witnesses and then obliterated their case in his closing. It was a convincing argument as the jury came back with a not guilty verdict on both counts. After the verdict was read, HC could not stop crying with joy. As she repeatedly said, hiring Sarvan was one of the best decisions she had ever made.

Attorney Singh Picks Up Right Where He Left Off In 2013

Readers of our blog know that Attorney Sarvan Singh ended 2013 on quite a tear, obtaining  amendments in several difficult cases. It appears the beginning of 2014 is no different.

Attorney Singh has OWI First with .125 blood test amended to a simple traffic citation

Often, motorcycle accidents leave lifelong injuries. Take MB for example, who was touring Northern Wisconsin with friends when his bike hit a patch of gravel and veered off the road. Without a helmet, MB suffered grievous injuries to his head and face. To make matters worse, when officers caught up with him forty five minutes later, they charged him drunken driving. While recuperating, he came across Melowski & Associates' website and read a summary of their successes. MB contacted Attorney Sarvan Singh to see how he could help. As MB recited the facts of the evening, one particular part stuck out. Sarvan knew this unique fact would make all the difference in the case, so he sat on it and let the matter proceed to trial. On the eve of trial, he sprung it on the prosecutor and explained how this would be a possible defense. The result was amending the OWI to a simple four point traffic violation. MB now focuses on his physical therapy and not on a potential life-altering OWI conviction.

Attorney Singh has OWI- Third Offense with .185 blood test amended to OWI First with no requirement for the ignition interlock device

Sometime cases are just flat-out bad. An attorney can look at it every way imaginable and be left with the undeniable conclusion that the case is simply indefensible. That was exactly the type of case VT had when he walked into our office. Bad driving, bad field sobriety tests and a blood result of .178.  Add to these facts that this was a third offense and VT was looking at substantial jail and license revocation. After considering every possible way of defending the case, Attorney Sarvan Singh opted for a different strategy. He began to scour her prior convictions and discovered one of her prior offenses may be susceptible to attack.  He filed a motion and challenged her second offense. After a lengthy process (nearly two years) the prosecutor conceded the motion. To help move matters along, the prosecutor also agreed to no ignition interlock device (IID). So, VT went from an indefensible third drunken driving charge to a first offense with no jail nor an IID. VT was absolutely thrilled with the result.  

Attorney Singh gets an OWI with Refusal reduced to a Reckless Driving

One would think that if a person spends nearly sixty-five (65) years working hard, paying taxes and obeying the law, the government, at some point, should give him a break. That was JS. He has been a fruitful and productive member of society his entire life. Then one day, after leaving a McDonald's drive-thru, he was detained for operating while intoxicated. JS explained he was older, had numerous health problems, and would not pass any field sobriety tests. The officer claimed JS was being uncooperative and refusing the test, so JS was additionally cited with a Refusal. One would think given JS's age and lack of criminal record, the government would simply amend the OWI. Sadly, that wasn't the case and the prosecution forced JS's hand. He hired Sarvan, who took the case in parts. He first contested the Refusal and won (which is a very difficult task in its own right) and then turned his attention towards the OWI. After pointing out the vast number of things the officer got wrong, the prosecutor finally agreed to amend it. Given all JS has done right, it only seemed fair that he finally get a break from the government, and he did, with some help from Melowski & Associates.

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.