100s of Cases Dismissed

Siren, WI, driver charged with OWI/PAC-1st offense in Burnett County decided to hire Attorney Nero to replace his previous lawyer. He ended up extremely happy with that decision. While his previous lawyer would only explain to him the reasons he should accept a plea agreement for lesser/minimum penalties, this driver had CDL and simply could not accept that outcome. He hired Attorney Nero because he needed an aggressive trial lawyer to handle his case. After a lengthy motion hearing, with several witnesses, regarding the improper blood draw procedure used in this case, the prosecutor agreed to fold their hand, amend the charges to reckless driving, and allow this client to continue his career as a truck driver. There was no OWI conviction, no license revocation, no ignition interlock device, no alcohol assessment, and most importantly, no CDL disqualification.

Beldenville, WI, driver charged with OWI-1st in Taylor County. This client hired Attorney Nero when he was waiting for his blood test results. He was charged with OWI-1st but was waiting to see if he would be charged with PAC-1st for having a test above the legal limit. The test result came back at 0.06, so the prosecution could not issue charges for PAC, but many prosecutors still attempt to obtain an OWI conviction when a person is that close to the legal limit. Fortunately, Attorney Nero had already demanded a jury trial, which the prosecution was not confident about winning. They offered a plea to reckless driving, an outcome which the client gladly accepted, as it saved him from an OWI conviction, large fine, license revocation, and alcohol assessment

Clear Lake, WI, driver charged with OWI-1st/refusal in St. Croix County. This client was found by police in a vehicle in a park after the park had closed for the night. Local ordinance prohibited all people from being in the park after hours. No evidence existed that the client, as opposed to the passenger, drove anywhere other than in the closed park. Since Wisconsin’s OWI laws apply only on premises held out for use by the public, Attorney Nero successfully argued to the judge that the police had no authority to begin an OWI investigation. The court suppressed the request for field sobriety tests, the performance on field sobriety tests, and the client’s refusal to permit a breath test. The prosecution argued vigorously for the motion to be denied, but the court agreed with Attorney Nero and threw out the case. The prosecution threatened an appeal, but said they would not appeal if the client pleaded to an ordinance violation for being present in the park after hours. The client gladly accepted that outcome, which saved them from an OWI conviction, large fine, license revocation, ignition interlock device order, and alcohol assessment.

New Richmond, WI, driver charged with OWI/PAC-1st in St. Croix County. This client needed to maintain his CDL to keep working and providing for himself and his family. He was pulled over for speeding and the officer smelled alcohol, noticed slurred speech, and saw a number of open containers in the vehicle. After doing less than perfectly on the field sobriety tests, the client was arrested and provided a breath sample that came back well over the legal limit. Although things looked difficult – just like they always do – Attorney Nero knew there was no choice but to take the case to trial. Attorney Nero objected to nearly everything the prosecutor tried to do, sometimes successfully and sometimes not. However, when it came time to admit the central piece of evidence – the breath test results – Attorney Nero was able to keep it out of evidence because he knew the rules of evidence better than the prosecutor. The test results were not admitted. Before the case was decided, Attorney Nero pulled the prosecutor into the hallway and suggested a plea to reckless driving. That is what ultimately occurred. The client’s livelihood was saved.

Spring Valley, WI, driver charged with OWI/PAC-1st in Dunn County. This case involved a situation where the client said “yes” when asked for a blood sample to test for alcohol content. However, the phlebotomist had difficulty piercing a vein and obtaining blood from her arm, so the police took her to the station for a breath test. The problem was that they never asked her for a breath test, so it was not consensual. Without a search warrant or consent, the test results should not be allowed in court. Knowing this, Attorney Nero filed a motion to suppress the test results. The prosecutor was so concerned about losing on that argument that they offered a plea to reckless driving, saving the client from an OWI conviction, license revocation, possible ignition interlock device order, and other penalties.

Baldwin, WI, driver charged with OWI/PAC-1st offense in St. Croix County. After multiple pretrial hearings and negotiations with the prosecution, the other side was convinced it would have substantial difficulty proving the client guilty to a jury due to police mistakes with the administration of the breath test, as well as other issues. The day before the jury trial, the prosecutor offered a plea to a reckless driving, which the client gladly accepted, as it carried no license revocation, no OWI conviction, no ignition interlock device, and no alcohol assessment requirement.