100s of Cases Dismissed

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.

Rice Lake, WI, driver charged with criminal misdemeanor OWI/PAC-3rd in Barron County, Wisconsin. Attorney Nero’s efforts in this case focused upon an out-of-state prior conviction. Because the client was not represented in that prior case, Attorney Nero was able to file a motion to collaterally attack that prior offense. He worked closely with the client to prepare him to testify at the motion hearing, something that is required to win this type of motion. The client testified truthfully and also effectively withstood the district attorney’s cross-examination. After lengthy written legal arguments, the court granted the motion and “threw out” the prior conviction. Due to the age of the only remaining conviction, this case was reduced to a non-criminal OWI-1st offense, saving the client from a criminal conviction and also from doing any jail time.

St. Paul, MN, commercial pilot charged with OWI-1st/refusal in St. Croix County. This client needed his pilot’s license to continue advancing in his military and civilian careers. An OWI or refusal conviction would undo years of tireless work to move ahead in life. This case involved a situation where the arresting officer, apparently feeling bad for the client’s situation, gave the client some inaccurate legal advice about what would occur if he consented or refused the requested breath test. Attorney Nero filed a motion to dismiss the refusal on the grounds that the officer’s misleading information affected the client’s ability to make a decision about chemical testing. After several rounds of lengthy briefs from the prosecution and defense, the day came for the hearing. Minutes beforehand, the prosecutor offered a plea to reckless driving and dismissed the OWI and refusal charges. The client’s military and commercial pilot careers were saved.

Merrill, WI, CDL driver charged with OWI/PAC-1st in the Village of Osceola, Polk County. This client needed his CDL to put food on the table and therefore could not accept any resolution involving an OWI conviction. His livelihood depended on it. There were no standout “silver bullet” issues, so Attorney Nero knew that he would have to raise every possible issue and litigate them aggressively if his client was to have any hope. Attorney Nero filed a motion to suppress (or “throw out”) his client’s blood test results because the police requested only one blood test, but the phlebotomist stuck him with a needle at least a dozen times, apparently unable to hit a vein. At the suppression hearing, Attorney Nero conducted a lengthy cross-examination of the phlebotomist, which left the prosecutor wondering whether they would be left without any conviction at all. The prosecutor chose to offer the client an amendment to reckless driving, which he eagerly accepted, as it saved his CDL.

A California driver faced license suspension in Wisconsin for speeding 25-29 mph over. Attorney Nero negotiated with the prosecutor to try on "stipulated facts," agreeing to 19 mph over. Ultimately, the prosecution dismissed the ticket entirely, avoiding suspension.