100s of Cases Dismissed

Merrill, WI, CDL driver charged with OWI/PAC-1st in the Village of Osceola, Polk County. This client needed his CDL to put food on the table and therefore could not accept any resolution involving an OWI conviction. His livelihood depended on it. There were no standout “silver bullet” issues, so Attorney Nero knew that he would have to raise every possible issue and litigate them aggressively if his client was to have any hope. Attorney Nero filed a motion to suppress (or “throw out”) his client’s blood test results because the police requested only one blood test, but the phlebotomist stuck him with a needle at least a dozen times, apparently unable to hit a vein. At the suppression hearing, Attorney Nero conducted a lengthy cross-examination of the phlebotomist, which left the prosecutor wondering whether they would be left without any conviction at all. The prosecutor chose to offer the client an amendment to reckless driving, which he eagerly accepted, as it saved his CDL.

A California driver faced license suspension in Wisconsin for speeding 25-29 mph over. Attorney Nero negotiated with the prosecutor to try on "stipulated facts," agreeing to 19 mph over. Ultimately, the prosecution dismissed the ticket entirely, avoiding suspension.

Chippewa Falls, WI, driver charged with OWI/PAC-3rd offense in St. Croix County. This client did not have an attorney on one of her prior offenses, so Attorney Nero was able to file a motion to collaterally attack (throw out) that prior conviction. Due to the age of the other prior, if successful, this case would be reduced not just to an OWI-2nd, but all the way down to a noncriminal OWI-1st. After a two lengthy hearings where the client testified after extensive preparations, the judge granted the motion. The OWI-3rd was knocked down to an OWI-1st and the client never did a day in jail.

Hudson, WI, driver charged with OWI/PAC-2nd offense in St. Croix County. Another motorist called 911 to report this client’s driving behavior, but by the time the police caught up to her vehicle, she had already made it into her attached garage, an area which is given strong protection by the Fourth Amendment. The police didn’t even ask for permission to go into her garage, so Attorney Nero filed a motion to suppress. The judge agreed and threw out the whole case.

Hudson, WI, driver charged with OWI/PAC-1st in St. Croix County. This was a traffic accident where the client had a 0.10 test result on the Intoximeter breath machine. Attorney Nero filed a motion to throw out the test result due to the officer’s noncompliance with the procedures for requesting a test. Also, during the pendency of the court case, the officer was fired from his law enforcement agency. After he lost his job, he began to refuse to comply with subpoenas – even from prosecutors. Due to his unwillingness to cooperate, the prosecution offered a plea to reckless driving, which saved the client from an OWI conviction, loss of license, large fine, and alcohol assessment.

Hayward, WI, driver charged with OWI/PAC-1st offense in Sawyer County. This case involved a questionable traffic stop by a tribal police officer outside of his jurisdiction. Attorney Nero brought up that fact to the prosecution, who offered a plea to reckless driving for fear that they would lose the whole case absent some compromise. The client happily accepted as they avoided an OWI conviction, revocation, fine, and alcohol assessment.