State v. J.K. (Milwaukee County)
Jun 20, 2013OUTCOME: DUI-4th Drug dismissed.
Moved to exclude all prosecutor's witnesses for discovery violations. Court granted motion. Case dismissed.
Janesville, WI
DUI and DWI Lawyer at Janesville, WI
Practice Areas: DUI & DWI, Appeals ... +2 more
OUTCOME: DUI-4th Drug dismissed.
Moved to exclude all prosecutor's witnesses for discovery violations. Court granted motion. Case dismissed.
OUTCOME: DUI-1st with Minor Child in Vehicle (criminal offense with potential jail) amended to regular DUI-1st (civil offense, no jail).
Client was driving erratically with 9 year old daughter in the car. Almost hit several vehicles, and three people called 911. Officer administered FSTs on the side of the road with client barefoot an ... d in gravel. Client had no alcohol in system. Client did have prescription drugs in system, but they were all within the therapeutic ranges. Convinced a prosecutor client had a compelling involuntary intoxication case and prosecutor amended the original criminal DUI charge to a civil DUI charge. Client avoided jail and loss of a government job.
OUTCOME: Criminal theft reduced to civil ordinance violation.
Convinced prosecutor to amend criminal theft charge to civil ordinance violation, even though client had pending drug charges.
OUTCOME: Not guilty at court trial (PAC-1st).
Client found not guilty of operating with a prohibited alcohol concentration because the City failed to bring the documents necessary to certify the breath test's validity.
OUTCOME: DUI-1st amended to a Reckless Driving (a fine and points).
Convinced prosecutor to amend an OWI to a Reckless Driving for an IL driver, avoiding presumped lifetime revocation in IL.
OUTCOME: DUI-3rd (criminal) reduced to DUI-1st (civil).
Client charged with DUI-3rd. Facing minimum of 45 days jail and maximum of 1 year. Convinced prosecutor client entered plea to DUI-2nd without an attorney and in violation of client's 6th Amendment rig ... hts. Prosecutor agreed DUI-2nd should not count. Because client's 1st DUI was more than 10 years ago, the criminal DUI-3rd became a civil DUI-1st with no jail time.
OUTCOME: No IID on a DUI-1st with a .29
Convinced prosecutor to lower a .29 BAC to below a .15 so client could avoid the 1-year ignition interlock device requirement. Client's driving prompted 3 different people to contact the police.
OUTCOME: DUI-4th amended to DUI-3rd.
Client was charged with a DUI-4th. Client represented himself and pleaded to a DUI-3rd without an attorney in 2003. Judge in 2003 neglected to advise client of the difficulities and disadvantages of ... proceeding without counsel. The judge's neglect made the client's plea to the DUI-3rd constitutionally defective. The judge who ruled the plea to the 2003 case constitutionally defective was the same judge who took the plea back in 2003. The defective plea knocked out client's DUI-3rd conviction, and his DUI-4th became a DUI-3rd. The mandatory jail time is less for a DUI-3rd than it is for a DUI-4th.
OUTCOME: Hung jury on Operating with a Prohibited Alcohol Concentration charge (3rd offense with minor child in vehicle).
OWI-3rd with minor child in the vehicle. Client had a BAC of .172.
OUTCOME: Probation terminated early.
Assisted client in getting his probation terminated early so he could get married.