State of Wisconsin v. Ronald (last name withheld)
OWI 3rd offense, Kenosha County. After Ronald was arrested and charged with what would have been his third OWI offense, he retained the legal services of Mishlove & Stuckert, Attorneys at Law. Attorney Mishlove demanded all the case's video evidence be turned over, but somehow only the video from the squad car was available. Upon reviewing the video, it was obvious that the police report and the video did not match. There was no video evidence of bad driving, which the officer had claimed in the report was the reason for the stop. Our attorneys challenged the lawfulness of the stop, and eventually the court agreed that the stop was unlawful. The case was dismissed.
State of Wisconsin v. Joe (last name withheld)
OWI 3rd offense, Walworth County. Joe was facing all of the penalties associated with third offense drunk driving, including a year of jail time and a lengthy period of license revocation. While reviewing his previous offenses, our lawyers discovered that the conviction for his second offense was defective because Joe did not have a lawyer, did not understand his rights, and was not properly explained his rights. Our DUI attorneys won the issue, and then won again when the case was appealed by the state. Joe's case was dismissed and re-issued as a first offense charge, which carries with it much less severe penalties.
State of Wisconsin v. Rodney (last name withheld)
OWI 3rd offense. Rodney was charged with third offense drunk driving because of an alleged first offense in 1991 and an alleged second offense in 1999. During our attorneys' standard review of previous convictions, they discovered that, although Wisconsin DOT records indicated a second offense conviction in another state, the other state's records indicated that the case was dismissed. We were able to have the allegation from 1999 dropped. Now that the new charges were considered a second offense, the first offense from 1991 was too old to bear on this case (although third offenses involve a lifetime lookback, there is only a 10 year lookback for second offenses). Therefore, the charge was reduced to a non-criminal first offense DUI, and Rodney was able to avoid jail.