100s of Cases Dismissed

Spring Valley, WI, driver was charged in Pierce County with operating while intoxicated (“OWI”), operating with a detectable amount of a restricted controlled substance (“RCS”), failure to notify police of an accident, and failure to keep vehicle under control. Attorney Nero pointed out to the prosecutor that the prescriptions in his client’s system were not restricted controlled substances under Wisconsin law, that his client had made it home some time before the police arrived, and that he suffered a concussion in the accident where he swerved to avoid a deer. Rather than fight a potentially losing battle in front of a jury, the prosecutor agreed to amend the OWI to “inattentive driving,” and dismissed the remaining citations. The end result: no alcohol- or drug-related conviction, no license revocation, and no court-ordered treatment.

New Richmond, WI, driver was charged in Sawyer County with operating while intoxicated (“OWI”) and operating with a prohibited alcohol concentration (“PAC”), both as third offenses. Attorney Nero filed a slew of motions to suppress (a legal term for “throw out”) evidence due to the Wisconsin State Patrol sergeant’s decision to delay the traffic stop by about 30 minutes to have a new recruit respond to the location to get on-the-job training for field sobriety tests, the practice of having OWI arrestees’ blood drawn in the Sawyer County Jail, and other issues. On the day of the motion hearing, the prosecution admitted his concerns about being able to defeat the Defense’s legal challenges. Attorney Nero’s client was able to plead to a non-criminal and non-alcohol-related traffic citation, saving his client from mandatory jail time, license revocation, ignition interlock, massive fines, alcohol treatment, and an OWI conviction.

Eau Claire, WI, driver was charged in Chippewa County with operating while intoxicated (“OWI”) and operating with a prohibited alcohol concentration (“PAC”), both as felony sixth offenses. Attorney Nero began his defense by challenging an older prior conviction that the client’s previous lawyer allowed to go unchallenged in the previous case. Due to this challenge, the person’s OWI/PAC-6th offense was reduced to an OWI/PAC-5th offense. However, that was only the beginning. Attorney Nero filed a motion to suppress (a legal term for “throw out”) evidence because Wisconsin OWI laws only apply on public streets and highways, but Attorney Nero’s client drove only on a private and barricaded parade route. Based upon Attorney Nero’s performance at the motion hearing, the Court granted the motion to suppress evidence. Without any remaining proof, the district attorney dismissed the case entirely. This client did not just avoid a felony conviction in this case – he avoided having any conviction at all.

Ellsworth, WI, driver was charged in Pierce County with felony operating while intoxicated (“OWI”) and operating with a prohibited alcohol concentration (“PAC”), both as felony fourth offenses. Attorney Nero filed a motion challenging a prior conviction. That motion was granted and the felony OWI-4th offense was reduced to a misdemeanor OWI-3rd offense, saving the client from a felony conviction – an important matter to him because felons cannot possess firearms and the client enjoyed bonding with his son on hunting trips – as well as a lengthier jail sentence, revocation and ignition interlock. The end result was a much shorter sentence that the client was able to serve in his own home on electronic monitoring.

Princeton, MN, driver was charged in the City of Sparta with operating while intoxicated (“OWI”) as a first offense, as well as the more serious offense of refusing to take a chemical test for intoxication after arrest. Attorney Nero convinced the prosecutor that the arresting officer was not a believable witness. The prosecution agreed to dismiss all charges against this young man.

Roberts, WI, driver was charged in St. Croix County with operating while intoxicated (“OWI”) as a seventh offense. Unfortunately, OWI-7th+ carries mandatory minimum prison time – not just time in the county jail. Attorney Nero knew he had to find a problem with one of the prior offenses, some of which dated back to the late 1980s. Luckily, Attorney Nero discovered a flaw with one of the older prior offenses and filed a motion to collaterally attack (or “throw out”) that prior conviction. That motion was granted and the client was then able to resolve his case as an OWI-6th offense, saving him from a mandatory three-year prison sentence.