100s of Cases Dismissed

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.

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.