Attorney Nick Passe's Legal Cases

DUI and DWI

Winning Administrative Suspension Hearing

Dec 08, 2015

OUTCOME: Client's license NOT administratively suspended

Client was pulled over for an equipment violation (broke license plate light) and for deviating from his lane of travel. Officer approached client and noticed client's eyes were glossy, that his speec ... h was slurred, and that he fumbled when getting his license plate. When asked, client admitted drinking earlier in evening. Officer started giving client field sobriety tests. Client scored poorly on horizontal gaze nystagmus test ("HGN test"), suggesting he had a high blood alcohol concentration ("BAC"), but client exhibited few or no clues on the walk-and-turn test ("WAT" test) and on the one leg stand test ("OLS" test). Officer gave client a preliminary breath (blow) test, which registered .13 BAC. Client was then arrested by officer. Officer searched client's car, finding marijuana and drug paraphernalia. I successfully argued that while the initial traffic stop, the extension of the traffic stop and the administration of the field sobriety tests all appeared to be proper, considering client's minimal poor driving, the lack of any odor of alcohol or marijuana detected by the officer, and client's overall good results on the field sobriety tests, the officer lacked probable cause to administer the preliminary breath test to my client at the time he did, meaning that my client was improperly arrested and that his license should not be administratively suspended by the Wisconsin Department of Transportation.

Criminal defense

Winning Drug Conspiracy at Preliminary Hearing Stage

Nov 12, 2015

OUTCOME: Case dismissed at preliminary hearing

Client was charged with Conspiracy to Deliver 50+ grams of Methamphetamine, felony with a maximum penalty of 40 years imprisonment and a $25,000 fine for her alleged role facilitating the conspiracy. ... After an investigation and negotiations failed, I was able to convince a trial court judge that the case against my client should not even be allowed to proceed toward trial because the evidence that law enforcement had against my client, even when considered in the light most favorable to the prosecution, was not enough for the court to conclude that my client more likely than not had committed a felony. Client had the huge cloud of uncertainty about her future removed so that she could go back to working and living her life AND avoided the large expense of needing to try to defend herself in a multi-day trial.

Appeals

Fighting for the 4th Amendment

Jul 10, 2015

OUTCOME: Affirmed (WI Supreme Court)

4th Amendment constitutional law case involving a motorist properly stopped for a traffic infraction, wrongly detained in the extension of the traffic stop into a criminal investigation, released by th ... e law enforcement officer for a brief time and then recontacted by the officer and asked for consent to search his vehicle. The Wisconsin Supreme Court chose to extend earlier case law permitting law enforcement officers to recontact drivers and attempt to search their vehicles after the drivers are released at the end of traffic stops to cases where the officers illegally detain the motorists and then briefly release them.

DUI and DWI

OWI Trial Win

Mar 12, 2013

OUTCOME: Not guilty verdict

Client consumed ambien, went to sleep to get ready for a night shift at work, and woke up having crashed into two parked cars in a location which made no sense for her to be. I argued that while the S ... tate may have met its burden of proving that she had drove a motor vehicle while under the influence of an intoxicant, it would not be fair to label her behavior as OWI because she never intended to drive and never made a conscious decision to drive. The prosecutor argued back that if we allowed this defendant to escape liability, we would be inviting other defendants to claim they were too intoxicated to form the intent to drive. The judge, recognizing these were very unusual facts, ruled that she was not guilty in the interests of justice.

Criminal defense

Winning at trial (criminal defense)

Mar 14, 2012

OUTCOME: Not guilty jury verdict

Client was accused of operating a motor vehicle without consent and two counts of theft. Jury deliberated ~40 minutes and returned not guilty verdict on both counts.

Civil rights

A "Local Pardon"

May 01, 2011

OUTCOME: Old felony converted to misd., client can work federal contracts and hunt

Client was convicted of low-level felony as a young man 25 years ago. Since that time he grew up, stayed out of trouble, worked and raised a family. I convinced the prosecutor's office and judge to a ... llow the very old conviction to be reopened, the charge to be amended and a new plea be entered to a misdemeanor, enabling my client to hunt and possess a firearm in the future.

Nursing home abuse and neglect

Nursing Home Negligence is NOT Okay

Dec 01, 2009

OUTCOME: Settlement

Nursing home failed to provide adequate care to resident, leading to unnecessary pain and suffering.

Health care

Health Care Record Privacy is NOT a Joke

N/A

OUTCOME: Reached structured settlement of over $25,000

Client had health care records accessed by an individual without consent and in a way not otherwise authorized by law. Client was reimbursed for the privacy violation.

Litigation

Home Improvement Dispute

N/A

OUTCOME: Negotiated Settlement

Client was sued for work performed on their vacation home by their contractor. I worked up facts and legal arguments and then mediated the case. Client ended up paying a portion of the amount demande ... d.

Nick Passe's Legal Cases (9)