NOTABLE CASES
Drunk Driving
Charge: OWI 1st
Venue: Waushara
Date: October 2008
Result: OWI dismissed after defense established that law enforcement illegally entered and seized the defendant from his home without a warrant
Charge: Flee/Elude Officer, Hit & Run, Operating a Motor Vehicle While Under Influence of an Intoxicant, Operating a Motor Vehicle With Prohibited Alcohol Concentration, Operating a Motor Vehicle Left of Center, Failure to Stop at a Stop Sign, Inattentive Driving, Red Light Violation. Client was drunk and hit two occupied cars at intersection, fled scene to next town, was chased by two squads until abandoning his car. Then chased by police on foot until apprehended. Multiple charges in multiple jurisdictions.
Venue: Lannon, Brookfield, Waukesha County
Date: July 2008
Result: Plea to single misdemeanor, 2 years probation, no jail, community service, and dismissal of all other charges.
Charge: OWI 2nd
Venue: Milwaukee
Date: June 2008
Result: Case dismissed after defense motion is granted suppressing the evidence obtained from an illegal arrest for OWI
Charge: Operating After Revocation
Venue: Milwaukee
Date: November 2007
Result: Criminal charges were dismissed and defendant received a ticket
Charge: OWI 2nd
Venue: Milwaukee
Date: October 2007
Result: Case dismissed after defense motion is filed challenging the admissibility of the blood results
Charge: OWI 1st
Venue: Grant
Date: September 2007
Result: Case dismissed after judge grants defense motion declaring the arrest illegal - decision is upheld on appeal
Charge: 1 count of Operating a Vehicle While Intoxicated - 3rd offense, 1 Count Operating while Intoxicated.-BAC .1%+ - 3rd offense. Client facing 1 year jail, 36 months suspension of driving privileges, and a fine of $2,500.00. Client pulled over for erratic driving and was verbally abusive to the officers. DA recommended 8 months jail.
Venue: Milwaukee County
Date: October, 2004
Result: 4 months jail with Huber.
Charge: Client was drinking heavily before and during driving in rural area. Client ran stop sign and crashed into garage. Owner chased and stopped client. When owner approached, client drove straight at him barely missing him. Client faced potential charges of Attempted Homicide, Felony Endangering Safety by Use of a Motor Vehicle, Criminal Damage to Property, Excessive Speeding, and Operating a Motor Vehicle While Intoxicated.
Venue: Waupaca County
Date: July, 2004
Result: Client ultimately plead guilty to a county ordinance - Disorderly Conduct by Use of a Motor Vehicle, and Failure to Stop at a Sign. Fines and court costs totaled $587.20.
Charge: Probation revocation. Revocation would have meant 8 months of straight time at the House of Corrections. Client was on probation for violating a Domestic Abuse Injunction with his estranged wife. Client was an alcoholic and tested positive for alcohol, admitted going to bars, was accused of theft and got into several severe shouting matches with his PO in her office lobby. Probations Agent refused an offer of Alternative-to-Revocation plan that included AODA treatment.
Venue: Milwaukee County
Date: April, 2004
Result: Revocation denied. ATR instituted. Court ruled that revocation was not related to original offense.
Charge: 1 count of Operating a Vehicle While Intoxicated (2nd) with Refusal, Count Operating while Intox.-BAC .1%+ (2nd). Client’s BAC was .39 - over 4 times the legal limit and his “refusal” to submit to blood testing is considered very aggravated. Client faced 1 year jail and DA recommended the maximum.
Venue: Waukesha County
Date: October, 2002
Result: 4 months jail with Huber privileges.
Charge: 1 Count Operating while Intox.-BAC .1%+ (2nd), 1 Count of Operating a Motor Vehicle While Intoxicated, 2nd offense. BAC was .11 and client faced up to 1 year jail. Client drinking with friends after weekly basketball league and was seen driving erratically by police.
Venue: Jefferson County
Date: October, 2001
Result: Reduced to “reckless” driving; fined $300.00