100s of Cases Dismissed

Weyerhauser, WI, driver charged with OWI/PAC-2nd offense in Rusk County after being pulled over for rolling through a stop sign. Attorney Nero filed a motion to suppress evidence, arguing that the arresting officer did not have enough evidence to require the driver to (1) exit his vehicle for standardized field sobriety tests, or (2) arrest the driver after he performed the tests. When the motion hearing occurred, and the police officer took the stand, the prosecutor forgot to ask him several critical questions to meet the government’s burden of proof. Wisely, Attorney Nero made a strategic choice to ask ZERO questions about the field sobriety tests, later arguing to the judge in writing that the prosecutor came up woefully short at the hearing. The judge agreed and suppressed (or “threw out”) all evidence after the arrest (including the blood test results). Lacking the evidence needed to convict at jury trial, the prosecutor dismissed the OWI and PAC charges, saving the client from mandatory minimum jail time, a large fine, a driver license revocation/ignition interlock device order, and alcohol assessment. The client accepted the stop sign violation, paid a $98.00 fine, and went back to life as usual.

Colfax, WI, driver charged with OWI/PAC-4th offense, failure to install IID, and operating after revocation in Chippewa County. In Wisconsin, those charged as fourth offenses and up have a lower legal limit of 0.02, instead of the typical 0.08. This driver had a blood test result of 0.06 – three times over his special, lower legal limit. Attorney Nero started by using Wisconsin law to get the failure to install IID charge dismissed, and then attacked a prior conviction so that this person was facing trial on a misdemeanor OWI/PAC-3rd offense. This was a critical victory because his legal limit then reverted to the typical 0.08. Still, the prosecutor would not dismiss, so Attorney Nero took an aggressive trial posture. With the case set for trial and the prosecution lacking the evidence it needed to convict, the government finally decided not to fight the losing battle and dismissed the charges. This driver ended up with no felony, served none of the mandatory minimum jail time, had no license revocation/ignition interlock device order, and no alcohol assessment. He ended up pleading to the operating after revocation, paid a small money penalty, and was extremely happy to put the whole mess behind him.

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.