100s of Cases Dismissed

Champlin, MN driver charged with OWI/PAC-7th offense. His alleged prior convictions dated back to 1989, which is the first year Wisconsin law begins to consider and count prior offenses against those charged with OWI. Whether these old convictions are countable in a new case often depends on whether the court of conviction has destroyed the records, which they often do after several decades have gone by. This was one such case. This client needed to have one prior conviction “thrown out” if he was going to avoid prison. Fortunately, after extensive pretrial litigation, the State conceded the issue. The prior was thrown out, and the client’s sentenced was reduced from a mandatory minimum three-year prison sentence to a few short months of house arrest.

Hudson, WI driver charged with operating a commercial motor vehicle with a BAC above 0.00. This man had a CDL and did not wish for anything alcohol-related to end up on his driving record. As the trial date approached, Attorney Nero made it clear to the prosecution that they were going to jury trial if the charges were not amended. Ultimately, the prosecution decided to amend the charges to reckless driving avoid the jury trial and save the client’s driving record.

New Richmond, WI driver charged with OWI/PAC-1st offense. This case involved a situation where the client allegedly struck a roadside flag pole, leaving various parts of her vehicle broken off near the accident scene. She then allegedly drove to a friend’s house, where she remained for an extended period of time before the police found her vehicle in the driveway. The defense was that, although the client was intoxicated at the time the police found her, hours later, she was not intoxicated at the time of the accident, as she consumed all the alcohol after arriving at her friend’s house. Since the government could not prove anything to the contrary, Attorney Nero persuaded them to plead the case out for a reckless driving. The client could not have been more pleased.

Vancleave, MS over-the-road truck driver charged with OWI/PAC-1st, refusal, disorderly conduct, and felony terroristic threats. This client needed his CDL to continue to support himself. The only job he’d ever had was a truck driver and he never wanted to do anything else. The life he knew was on the line in this case, which involved a disagreement with other truck drivers at a gas station/truck stop parking lot. The other truckers ended up calling the police on the client, who was asleep in his semi, which was running on an APU – a fact which Attorney Nero confirmed by reviewing the truck’s fleet management software. Attorney Nero began his representation by getting the judge to dismiss the overcharged felonies. He finished the representation by showing the prosecutor the proof that the client never operated his vehicle after parking it. The client ended up pleading to a simple disorderly conduct, moving on with his life, and happily finishing his trucking career.

Amery, WI driver charged with OWI/PAC-6th offense. Sadly, this case began when the client was near his motorcycle and was struck by a drunk driver’s sedan. The police ended up investigating and arresting both people. However, the Defense’s theory was that the client was not driving his motorcycle at the time of the accident. Rather, he was pulled over on the side of the road standing next to it. Attorney Nero had obtained the assistance of an expert to witness to litigate the issue of whether, given the client’s traumatic brain injury, he was capable of consenting to the blood draw that occurred. However, on the day of the motion hearing, the State offered to resolve the case for a plea to a different non-driving-related crime. This agreement save the client from a license revocation, jail, and large fines.

Hudson, WI driver charged with OWI/PAC-6th, refusal, and also facing revocation of his extended supervision after being released from prison on his OWI-5th offense, a case in which he was represented by a different attorney.