100s of Cases Dismissed

Bloomer, WI, driver was charged in Chippewa 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 this constitutional right – as well as a lengthier jail sentence, revocation and ignition interlock.

St. Paul, MN driver was charged with third-offense OWI and PAC in St. Croix County. Attorney Nero argued post-operation consumption, leading to the dismissal of all charges. The client avoided jail time, license revocation, ignition interlock, and hefty fines.

Chaska, MN, driver was charged in the City of Hudson with operating while intoxicated (“OWI”) and operating with a prohibited alcohol concentration (“PAC”), both as first offenses. This driver left a wedding party and was seen by police to be stumbling from the bar to his car. The police claimed to pull him over after seeing him make an unsignaled turn into a parking lot of a closed business. Attorney Nero argued to the prosecutor that there was no basis for the traffic stop because the unsignaled turn did not violate Wisconsin law. Rather than fight a losing battle, the prosecution offered a plea to reckless driving, saving the client from a driver’s license revocation, large fines, mandatory alcohol treatment, and an OWI conviction.

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.