Success Stories – OWI/DUI Case Results

With the best credentials in Wisconsin, and more than 40 years of experience fighting to achieve the best possible outcome in Wisconsin OWI/DUI cases, we are the law firm that you are looking for.

We are also proud that the independent lawyer rating service, AVVO, rates Andrew Mishlove among the top OWI/DUI defense lawyers in America, the lawyer-rating service, Martindale-Hubbell gives us the highest AV rating, and we are accredited by the Better Business Bureau.

Disclaimer: Every case is different, and past success does not guarantee future results. Nevertheless, these success stories are one reason why we’re considered one of America’s best OWI/DUI defense law firms.

Wisconsin Drunk Driving Defense Success Stories

State of Wisconsin v. Gary (last name withheld to protest privacy)
Gary and his wife had dinner at a local restaurant. While Gary talked with the restaurant owner at the bar, his wife went outside to smoke a cigarette. After more than a few minutes, Gary went to look for her. As he drove around the neighborhood, hoping she was okay (she was okay), the police followed Gary. He was stopped by the police for making a right turn while his entire truck was not in the right turn lane. The police reported glassy eyes and an odor of an intoxicant, but Gary declined to do field sobriety tests. He did not appear to be drunk on the squad car video. He was arrested and his blood was drawn. Since Gary had a prior offense years ago, he was charged with a second offense Wisconsin OWI/DUI. The blood test result came back a whopping .236.

Gary was facing a mandatory jail sentence, driver’s license revocation, ignition interlock order, and a criminal record. Gary’s work required him to drive multiple vehicles. A conviction would have been devastating to his career.

Andrew Mishlove carefully reviewed all of the evidence and tried to get the case thrown out on a motion challenging the police authority to stop Gary. The judge did not agree, however, and the case was set for trial. Andrew Mishlove also did a complete audit of the blood test result, which was almost too high to be believable. Mishlove discovered serious discrepancies in the blood testing process, and prepared to argue the case to a jury.

Three days before the jury trial the prosecutor agreed to reduce the charge to a traffic ticket. Gary avoided a criminal record, jail, time, ignition interlock, and a license revocation.

State of Wisconsin v. Eric (name withheld to protect privacy) 5th offense felony DUI/OWI.
Eric was facing a possible prison sentence for this somewhat bizarre case.   He was accused of driving drunk on the frozen lakebed of a central Wisconsin lake, popular with ice fishermen.  Two witness reported and testified that they saw Eric driving near thin ice, when his pickup truck broke through the ice and sank underwater.  Eric escaped with his life but was soaked and chilled.  In Wisconsin, a frozen lake bed used by ice fishermen is considered a public highway.

The true story was that Eric was parked on the lake all day, drinking, and never drove the truck. During the day, the ice shifted and the truck broke through. As it was slowly sinking, Eric heroically jumped in and rescued his black Labrador from the truck, saving the dog.

At trial, Andrew Mishlove was able to skillfully discredit the testimony of the so-called eye-witnesses, who did not see what they claimed. He also used the testimony of the owner of the salvage company that removed the truck from the lake.  Andrew was able to use his storytelling skills and theatre training to re-enact the rescue scene with Eric, in the courtroom.

After a long and hard-fought trial, Eric was found NOT GUILTY.

State of Wisconsin v. John (name withheld to protect privacy) 3rd offense OWI/DUI.
John was found passed out behind the wheel of his car, which was parked at the gas pump of a Kwik Trip gas station.  He was fairly intoxicated, but he was only a short distance from home.   This was a case that called for both science and storytelling skills. Andrew Mishlove was able to dramatize and demonstrate that defense that John was sober when he arrived at the gas station, and that he succumbed to the alcohol after he stopped the car.

After a hard-fought trial, John was found NOT GUILTY.

Milwaukee County v. Austin (name withheld to protect privacy).  1st offense OWI/DUI prescription medication.  
Austin was called in by a number of motorists for erratic driving. He was pulled over by the sheriff near the Milwaukee zoo.  While questioning Austin the deputy noticed a bag of his prescription drugs, that Austin was taking per his doctors orders.   Austin was arrested and charged with drugged driving.  This all seemed like a mistake, until Austin’s blood sample revealed the presence of a drug that was not prescribed, but in a small quantity.  Andrew Mishlove was able to show that the erratic driving was not due to impairment but to texting while driving.  He presented the story of Austin’s past illicit drug use, and his rehabilitation.  Through the use of a defense expert he was able to show that Austin was not impaired by the medication in his system, and Andrew was able to use the rules of scientific evidence to prohibit the state’s expert from stating otherwise (as the state’s expert was a chemist, not a doctor).

Austin was found NOT GUILTY.

State of Wisconsin v. Reese (name withheld to protect privacy) 3rd offense OWI/DUI.
Reese was returning back to his office from lunch, where he had a couple of glasses of wine.  Another driver pulled out from the curb into traffic and hit Reese’s car smack in the passenger side.   The police came and were investigating the accident, until the other driver claimed the Reese had been drinking.  Then the scene quickly turned into a drunk-driving investigation.  As Reese had a bad leg and hip, he could not do field sobriety tests, so he was arrested.  The blood test result was .11, which is above the legal limit.  This was a hard-fought case on a number of points of law regarding Reese’s prior record. After years of litigation, it finally went to a jury trial.  Andrew Mishlove was able to present the story of Reese being caught up in an unfair situation, with an accident that was not his fault.   That would not have been enough to win the case, but with the assistance of defense experts, Andrew was able to show serious problems in the way that Reese’s blood was collected, stored, and tested, leading to the probability of a false high test result.

Reese was found NOT GUILTY.

Winnebago County v. Thomas (name withheld to protect privacy) 1st offense OWI/DUI.
Thomas was riding a small mini-bike on the grounds of the EAA air show near Oshkosh, with a friend who was on a bicycle.  The two were intoxicated and bumped into each other, both falling over.  An EAA security witnessed the incident, reporting to the police that the accident occurred just outside the EAA grounds on the public highway.  Andrew Mishlove tried the case to a jury.  Under questioning from Andrew, the EAA security guard admitted that the area where he saw the accident was actually on the EAA grounds and closed to traffic. So, although Thomas was dumb for riding a mini-bike while drunk, he did not commit the offense of dunk driving on a public highway.

Thomas was found NOT GUILTY.

In re the Driver’s License of John (name withheld to protect privacy) Administrative Suspension proceeding.
This was a proceeding to suspend John’s driver’s license for a blood test result over the legal limit. These suspension proceedings often happen to people who have pending OWI/DUI cases.  This was critical as John was a professional driver.  The matter was heard before a hearing examiner for the Department of Motor Vehicles.   Andrew Mishlove argued the case, demonstrating that that the government had actually failed to show probable cause to believe that it was John who had committed the alleged bad driving.

The administrative action was DISMISSED.

In re the Driver’s License of Beth (name withheld to protect privacy) Administrative Suspension proceeding.
This was a proceeding to suspend Beth’s driver’s license for a blood test result over the legal limit. These suspension proceedings often happen to people who have pending OWI/DUI cases.  This was critical as Beth was a traveling health care provider from out-of-state. If she was suspended, she would have lost her employment.  Andrew Mishlove argued the case, showing technical defects in the government’s written materials.

The administrative action was DISMISSED.

State of Wisconsin v. Don O. (last name withheld to protect the client's privacy):  Second Offense OWI/DUI.  Waukesha County.  Don was stopped by a local police officer for two alleged violations: illegally tinted side windows and obstructed vision.  Andrew Mishlove challenged the lawfulness of the stop.  At the court hearing, Andrew showed the court that Don's vision was not obstructed by a simple air freshener, which was not illegal.  More importantly, with the police officer on the witness stand, Attorney Mishlove showed the court that she could not have determined the level of window tinting of the side windows prior to the time that she stopped Don. The stop was ruled illegal, and the CASE WAS DISMISSED.

State of Wisconsin v. W. D. (full name and last name withheld to protect the client’s privacy, as well as that of the victim): Homicide by Intoxicated Use of a Vehicle. This was an unusual and hard-fought case. It was initially charged by the state as a far less serious case of homicide by negligent use of a vehicle. At that time W.D. was represented by a different attorney, who wisely agreed to recommend a guilty plea to that charge. The state, however, increased the charge to the much more serious homicide by intoxicated use of a vehicle. The state argued that the combination of prescription medication and a low level of alcohol had caused impairment. W.D. retained Attorneys Mishlove and Stuckert. We immediately brought on a doctor of pharmacology to assist in analyzing the opinion of the state’s expert. We then challenged the state’s expert in a lengthy pretrial proceeding. The state brought in a second expert; we then retained an eminent pharmacologist from the University of Wisconsin. We corresponded with the prosecutor, who handled the matter with great integrity. Given the facts that we disclosed and the opinions of our two experts, the charge was reduced to the original charge of homicide by negligent use of a vehicle. We do not really call this a success story as there are no real winners in these tragedies. An innocent person died. W.D. was convicted of the reduced charge and suffered a substantial penalty. Even so, his life will continue, he will be able to have a career and family. We are proud of this result and our work; but we are saddened by the tragedy to two families.

City of Milwaukee v. Raj (last name withheld) OWI. Raj was stopped for driving without headlights in a well-lit area of downtown Milwaukee. After Field sobriety tests, he was arrested and submitted a breath sample of .11. Raj is in the United States on a work visa; he was very concerned that an alcohol-related offense would cause severe problems in the renewal of his visa. Raj hired Attorney Mishlove. The city pushed for a guilty plea and would not relent. Attorney Mishlove reviewed the arrest video and noted several serious errors on the part of the police in the administration of the field tests — the type of errors that would cause false test results. Attorney Mishlove challenged probable cause to arrest Raj. The matter was set for a hearing and trial several times, and the City had difficulty preparing the case. Because we are always ready for court; the charge was reduced to a non-alcohol-related ordinary traffic ticket.

County of Fond du Lac vs. Dawn (last name withheld). A Deputy Sergeant observed Dawn driving with her window down and saw that she was not wearing her seatbelt. The Sergeant stopped Dawn, and spoke to her and her passenger. He thought Dawn was impaired so he got her out of the car for field sobriety tests. Dawn complied, but she was subsequently arrested for operating while intoxicated. She was taken to the hospital for a blood draw and the result came back 0.089. The case went to a jury trial. Attorney Lauren Stuckert challenged the way that the Sergeant administered the roadside tests, and argued that the County could not prove that her blood alcohol concentration was at or above .08 at the time Dawn had been driving. The jury found Dawn NOT GUILTY of both operating while intoxicated and operating with a prohibited alcohol concentration. Dawn left the courtroom with a clean record and her driver’s license intact.

County v. Ron (last name withheld). Ron and his wife are over-the-road truckers. Ron has been at it for twenty-two years. He and His wife drive their rig together, all over the country. Last summer, Ron and his wife got into an argument while driving on the highway; someone who saw it called the police. The police found Ron awhile later at a pond in the woods, near his parked truck, quite intoxicated. Although the police never saw Ron driving the truck, he was charged with drunken driving; since the police reasoned that he must have been drunk when he drove to the pond. Although he agreed to give a breath sample, he later refused. Ron was charged with both DUI and refusal. A conviction for either case would destroy his truck-driving career. While the prosecution assumed that he must have been drunk when he drove to the pond, they were unable to show when he drove to the pond. Also, Ron was drinking when the police found him. Attorney Andrew Mishlove tried the DUI case to a jury, and tried the refusal case to the judge. Ron was found not guilty on both charges. He kept his driver’s license; and most important, his career was saved.

State of Wisconsin v. Allen (last name withheld), Winnebago County. Allen was stopped by a county sheriff, who claimed that he was weaving and “almost caused me to crash into him.” The officer claimed that Allen looked impaired, and sounded impaired. He claimed that Allen failed the field sobriety tests. so he was arrested and tested. The squad car video and the police report did not show the same thing. While Allen weaved within his lane, he never left his lane or “almost caused a crash.” The field tests were all administered and scored improperly. Attorney Mishlove challenged the lawfulness of the stop, detention and arrest. At the hearing, Attorney Mishlove aggressively questioned the deputy, and emphasized the squad car video. The judge agreed, and the case was dismissed.

City of (withheld) v. Roger Smith (this is a pseudonym, to protect the client’s privacy). Roger was stopped for driving without headlights, and later arrested for OWI. His breath test result was .17. Roger was employed in the financial services industry. So, although this was a first offense, Roger’s career was on the line. Attorney Mishlove determined that the best way to handle this case was to fight it, although it was a very difficult case. The matter was scheduled for trial, and Attorney Mishlove appeared, prepared to proceed. The City was not prepared to proceed. The matter was scheduled for trial a second time. For a second time, Attorney Mishlove appeared, prepared to proceed. Sometimes good things happen when the attorney has the courage, and does the work to fight a difficult case. Because the City could not proceed for a second time; Roger’s case was dismissed.

State of Wisconsin v. John (Last Name Withheld) (County withheld): Causing Injury by Intoxicated use of a motor vehicle. John was, admittedly, under the influence when he got in an accident with a Sheriff’s department squad car. The Deputy in the car was slightly shaken up – seen and immediately released from a nearby hospital. Even so, over the following year, the deputy claimed that John had caused him a serious post-traumatic concussion disorder. He remained on a paid leave for many months. Attorney Mishlove demanded the medical records to prove that the injury had, in fact, occurred. It was difficult and took a long time to get the records; but, Attorney Mishlove insisted. After many months the records were produced. Attorney Mishlove determined that the medical evidence did not support the claim of injury. The case was reduced to a non-criminal first offense OWI charge. John avoided a criminal record, jail, and a much longer revocation.

County of Milwaukee v. Jennifer (Last Name Withheld): Jennifer was driving on a Milwaukee County freeway when she lost control of her car and hit a barrier. When the Deputy Sheriff arrived, it was obvious that she was very impaired, although she did not smell as though she had been drinking. She was also quite ill. Nevertheless, she was arrested and ultimately charged with DUI-D, driving under the influence of drugs since her blood test came back with a high level of a sleeping drug. Jennifer, however, did not believe that she had taken that drug. Andrew Mishlove investigated thoroughly, obtaining all of Jennifer’s medical and prescription records. He noted that she was prescribed a thyroid medication that looked strikingly similar to the sleeping pill. With a bit more investigation, we discovered that Jennifer had accidentally taken a sleeping pill in the morning. Jennifer’s DUI charge was reduced to a non-alcohol-related driving ticket.

City of Waukesha v. Ernestas (last name withheld): Ernestas was arrested for first offense OWI, PAC and excessive acceleration. Attorney Stuckert had filed a motion to suppress evidence from what she intended to argue was an illegal stop. Prior to litigation, the prosecutor agreed to amend the OWI to a Reckless Driving citation. The PAC and Excessive Acceleration citations were dismissed.

City of Shawano v. John (last name withheld): John was charged with an OWI and Refusal to Submit to Test. He was a small business owner who responded to a burglar alarm call at his closed business, and met the police there to check the premises. It was a false alarm, and the police left. Five minutes later, the police came back into the building, found John, and ultimately arrested John for OWI. Attorney Mishlove challenged the authority of the police to enter John’s closed business, search for him, and conduct the OWI investigation. The city argued that it was just a continuation of the burglar alarm call. After an hearing at which Mr. Mishlove cross-examined the officer, the court found that the police entry into the building was unlawful. Both the OWI and the Refusal were dismissed.

Village of (withheld to preserve privacy) v. Dale (last name withheld): OWI and Unsafe Lane Deviation. This was a very tough case. Dale was a truck driver, with his career on the line in this case. He could not afford to lose his driver’s license and CDL. We planned for a long fight that would begin at the municipal court, and continue with an appeal to the circuit court. The municipal court trial was the first step. At the municipal court trial, Attorney Mishlove moved for exclusion (sequestration) of all witnesses, so they would not hear each other’s testimony. This was a routine request, almost always granted, as it was in this case. Unknown to Mr. Mishlove, three police witnesses stayed in the courtroom to listen to the testimony of a citizen witness. When the prosecutor called one of the policemen to testify, Mr. Mishlove saw that he and the others were in the courtroom, and moved to bar their testimony. The judge indicated that he would allow their testimony but he would limit it. After a long sidebar argument, the prosecutor agreed to reduce the OWI charge to reckless driving. Dale’s driver’s license and career were saved.

State v. Wisconsin v. B. (name withheld for privacy): Charges: second offense DUI, refusal to submit to chemical test. B., a truck driver, was stopped on the Milwaukee County freeway system. He was called in by a citizen for driving “all over the road.” The citizen, however, was anonymous; so that statement was of dubious value. The deputy followed B. for miles and did not see any erratic driving. B. was speeding, 7 mph over the limit. When he was stopped, B. smelled of aftershave, and he spoke in an accent. The deputy decided to detain B. for the purpose of performing field sobriety tests. B. was arrested for drunken driving, and refused a breath test. His blood was forcibly drawn, with a result of .14. B. was facing the loss of his career as a driver, and a jail sentence. Attorney Mishlove successfully argued that the officer had only probable cause to detain B. for the speeding violation. This was especially true since the squad car video showed B. driving normally for about 4 miles. Since, there was no basis to detain B. for field sobriety tests, he should have then been released. All of the other evidence was inadmissible. Both the DUI charge and the refusal charge were dismissed. B. avoided a jail sentence and a license revocation. His career was saved.

State of Wisconsin v. Jason (last name withheld): 2nd offense OWI with marijuana, Milwaukee County. Jason was stopped by a Milwaukee officer for driving with a broken headlight. The officer arresting him for Operating while intoxicated Jason submitted to a blood test. The test came back positive for delta-9 THC. At a jury trial, Attorney Lauren Stuckert attacked the Wisconsin State Lab of Hygiene’s testing methods used to detect THC in Jason’s blood. The jury returned a verdict of NOT GUILTY, and Jason left the courtroom a free man.

State of Wisconsin vs. John (last name withheld): First offense OWI, Criminal Possession of THC. John was stopped by Kenosha deputies for speeding on the highway. Prior to a suppression hearing, Attorney Stuckert convinced the prosecutor that the State would have substantial problems proving that the client was intoxicated and over the legal limit at a jury trial. The OWI case was reduced to a non-OWI traffic offense of reckless driving and the criminal possession of THC charge was reduced to a civil, non-criminal ordinance violation.

Village of (withheld) v. Wayne (last name withheld): Charged with Driving under the influence of THC (marijuana), Possession of THC, possession of Drug Paraphernalia. Wayne was arrested by the police of this small Wisconsin village (whose name we have withheld to protect Wayne’s identity) for driving under the influence of marijuana, possession of marijuana and possession of drug paraphernalia. Driving under the influence of marijuana carries the same penalties as OWI-alcohol, so it is a serious offense. We have the knowledge and training, however, to contest the laboratory analyses of a marijuana in a person’s blood and Attorney Mishlove took that route in this case. After a great deal of research and discussion, the prosecutor agreed to drop the paraphernalia charge and reduce the DUI-drug charge to one of reckless driving. Wayne kept his driver’s license.

City of Milwaukee v. Craig (last name withheld): Milwaukee County. Craig was stopped by a Milwaukee County Deputy sheriff, who alleged that he was speeding and swerving on the freeway. The deputy did field sobriety tests and arrested Craig. Two breath samples were taken, both of which were .086. Attorney Stuckert tried the case to a jury, challenging the deputy’s conclusions and the breath tests results. Craig was found not guilty.

State of Wisconsin v. Ronald (last name withheld): OWI 3rd offense, Kenosha County. This was a hard-fought case over a number of issues. Attorney Mishlove demanded that the state turn over all of the video evidence in the case, but some of the video was accidentally erased. That became a significant issue. The video from the squad car, however, was available. As sometimes happens, it became apparent that the police report and the squad video did not match. The alleged bad driving described by the officer was not visible on the video. Attorney Mishlove and Attorney Stuckert challenged the lawfulness of the stop. A hearing was held where the officer was cross-examined by Attorney Mishlove. Attorney Stuckert submitted written arguments. The court agreed that the officer did not have a lawful reason to stop Ronald. the case was dismissed.

State of Wisconsin v. Richard (last name withheld): OWI 2nd offense, Ozaukee County. This was a case where our law firm was brought in as co-counsel with another prominent criminal defense firm. Prior to our involvement in the case, the matter had been to a jury trial, reversed on appeal, and had then gone to a second jury trial, that was also reversed on appeal. We were brought in to assist with the third trial. Attorney Mishlove advised that the theory of defense for the third trial should be a direct attack on the validity of the state’s blood test result (which was different from the previous “blood alcohol curve” defenses). Attorney Stuckert was co-counsel at the third jury trial. Facing what promised to be a withering attack on a poorly done blood test, the state elected to drop the blood test and PAC charge altogether, relying only on the officer’s testimony. When the officer, however, was unable to remember key facts, his testimony was stricken. The court directed a verdict in favor of Richard. After six years of fighting, the case was dismissed.

State of Wisconsin v. Gregory (last name withheld): OWI 3rd offense, Winnebago County. Gregory was involved in a single-car accident when his car slid off the road into a ditch. The driving conditions were especially poor due to the recent snowstorm that evening. After failing to get the car out of the ditch, and having no working cell phones with them, he and the two passengers decided to walk to the place where they planned to stay that evening. Gregory had a bottle whiskey with him and drank a good amount of it during the walk. Officers found Gregory and the two passengers quite drunk walking down a country road in the Town of Winneconnie. Via cross-examination of the State’s lab analyst, Attorney Stuckert was able to show the jury how based on the amount of alcohol Gregory had consumed after the accident, it was very likely that Gregory was under the legal limit at the time the vehicle went into the ditch. A twelve-person jury found Gregory Not Guilty. We were able to save him from losing his job and having to endure a long jail sentence.

State of Wisconsin v. Paul (last name withheld): 3rd offense OWI, Milwaukee County. Paul was stopped for speeding 56 mph in a 30 zone, on the 6th street viaduct near the Harley-Davidson Museum. The police officer noted glossy eyes, an odor of an alcoholic beverage and slurred speech. The officer claimed that Paul failed the three standardized field sobriety tests. Attorney Andrew Mishlove chilled the training and experience of the officer in drunk driving investigation. A hearing was held on whether the police investigation was sufficient to establish probable cause to arrest Paul. Through skillful cross-examination of the officer, Attorney Mishlove discredited his story. The judge found that there was no probable cause for the arrest. Paul was facing a year in jail; but instead, the case was dismissed.

State of Wisconsin v. Joe (last name withheld): OWI 3rd offense, Walworth County. Joe was charged with a third offense drunk driving and was facing a year in jail. This particular county tends to be very hard on persons accused of drunk driving. We investigated and discovered that the second conviction on his record was defective because he did not have a lawyer, did not know his rights, and he was not properly advised of his rights. We had a hotly contested hearing on the matter and we won the issue. The state, however, appealed to the court of appeals! We won that, too. The case was dismissed and re-issued as a first offense charge. Joe is no longer facing a jail sentence and a criminal conviction. We’re going to continue to fight the first offense charge, too!

State v. Gregory (last name withheld): OWI 3rd offense, Winnebago County. In this case, Gregory was the designated driver with two passengers, who had an accident on the way home from a nightclub. Thankfully, no one was hurt. The roads were snow-covered and slippery; and, the weather was bad. Gregory and his passengers decided to walk to shelter. During the long walk, Gregory warmed himself with some bourbon. The police stopped them. Gregory was arrested and faced a long jail sentence. Lauren Stuckert took the case to a jury trial and Gregory was found not guilty.

State of Wisconsin v. David (last name withheld): 2nd offense driving under the influence of drugs (ambien) , Waukesha County. David was prescribed this medication Ambien by his doctor. One of its side-effects is somnambulism; that is, doing things unconsciously but appearing to be awake, such as sleepwalking or sleep driving. David was sleep driving and hit a tree. This criminal case was reduced to a non-criminal, non-OWI traffic offense of reckless driving.

State of Wisconsin v. Joseph (last name withheld): Walworth County, 3rd offense charge. Joe was arrested for a third offense DUI and had a blood test result of .282. Facing a year in jail, it seemed like he was going to do a long stretch in custody. We went back into his prior records and discovered that, in one of the cases, the court did not follow the proper procedure when Joe did not have an attorney. A hearing was held and we won. The state appealed to the court of appeals. We won the appeal. Joe’s charge is now reduced to a civil, first offense traffic ticket. He is facing no jail time.

Franklin v. Ven (last name withheld): Ven was involved in a rollover accident, and was found outside of his vehicle, drinking a beer. His breath test result was .27. We won the municipal court trial because the city had difficulty proving the identity of Ven as the driver of the vehicle. The city appealed and demanded a new trial at the circuit court level. We demanded a trial by jury. On the jury trial date, the city was unable to produce witnesses who saw Ven actually driving. The case was amended to a non-alcohol related reckless driving ticket.

State of Wisconsin v. Rodney (last name withheld): 3rd offense. Rodney was charged with a third offense drunk driving with alleged prior offenses in 1991 and 1999. At Mishlove and Stuckert Attorneys at Law, we always investigate the validity of alleged prior offenses. In this case, even though the DOT records indicated a 1999 conviction in another state, we sought and obtained the original records from the other state. These records indicated that the case was dismissed. The 1999 allegation was dropped. As the 1991 allegation was too old to enhance the present case (10 year lookback for a second offense, lifetime lookback for a third offense), the charge was reducedfrom a third offense DUI to a non-criminal 1st offense DUI. Rodney avoided a jail sentence.

State v. Ryan (last name withheld): 6th offense OWI-with marijuana, Door County. This was a difficult and complex case tried by Lauren Stuckert. Ms. Stuckert successfully challenged the method by which blood is tested for the presence of THC, the active ingredient in marijuana. The jury returned a verdict of NOT GUILTY. Ryan appeared to be on his way to prison. Instead, he went home.

State of Wisconsin v. Joseph (last name withheld): Joe was accused of 3rd offense DUI/OWI. The prior convictions were alleged to have occurred in 1993 and 1999. We obtained all of the court records of the 1999 case and discovered that there was absolutely no record that Joe (who was not represented by an attorney) had ever waived his right to counsel. We successfully challenged the legitimacy of the 1999 case. The court ruled that it cannot be used. Since the 1993 case is so old, it cannot be used either. Instead of a 3rd offense and a year in jail, Joe will face only a 1st offense with no jail.

Village of Little Chute v. John (last name withheld): This case was a originally heard in the municipal court, where the result was a conviction on an OWI and a refusal. We demanded new trials on both charges in circuit court. The matter was tried by Attorney Stuckert to a jury while the refusal was tried simultaneously to the court. Result: Not Guilty of the OWI by jury verdict.Not Guilty of the refusal.

City of Franklin v. Ven (last name withheld): This OWI/ PAC case was tried to the municipal court by Attorney Mishlove. The police had not taken sufficient steps to identify the person actually arrested as the named defendant. Result: Not Guilty of OWI/PAC.

State of Wisconsin v. Dal (last name withheld): Criminal reckless driving causing bodily harm. Dal was facing a criminal conviction and jail sentence for allegedly grabbing and jerking the steering wheel of a car in which she was a passenger, causing a serious accident. We fought the case on many grounds. Ultimately the charge was reduced to a non-criminal ticket. Dal avoided a criminal record and a jail sentence.

State of Wisconsin v. Paul (last name withheld): 3rd offense charge, Waupaca County. Paul was facing a criminal conviction, a long jail sentence, and a long revocation. We fought the case, challenging the legitimacy of an alleged prior conviction. The charge was reduced to a non-criminal first offense DUI. Paul avoided a criminal conviction and a jail sentence. The revocation was reduced.

State of Wisconsin v. Douglas (last name withheld): 2d offense charge. This case was dismissed because the prosecution failed to preserve critical evidence. Douglas avoided a criminal conviction, revocation and jail sentence.

State of Wisconsin v. Mark (last name withheld): Criminal OWI with a minor in the vehicle. This case was reduced to a non-criminal charge. Mark avoided a long jail sentence.

State of Wisconsin v. Sara (last name withheld): Door County 3rd offense. Sara was facing a driver’s license revocation and a long jail sentence. We fought the case, arguing that the police officer did not have a legal basis to pull Sara over. The case was dismissed.

State of Wisconsin v. Jeffrey (last name withheld): Marathon County 5th offense. In this felony case, Jeffrey was facing a prison sentence that would deprive him of his freedom and career. We challenged the legitimacy of one of the prior convictions, on the grounds that Jeffrey was denied his right to an attorney in the prior case. The charge was reduced to a 4th offense misdemeanor and Jeffrey avoided prison.

Bayside v. Im (last name withheld): This case was fought on the basis of problems with the chemical test. The charge was reduced to a non-DUI offense. The client’s license was saved.

Kenosha County v. Keith (last name withheld): This case was fought all the way to a jury trial in the circuit court. Attorney Stuckert obtained a verdict of Not Guilty.

State of Wisconsin v. Pavittar (last name withheld): Milwaukee County, 4th offense.  This gentleman was found quite drunk seated in the driver’s seat of his car.  A citizen witness had reported that the car was driving erratically.  A police lieutenant stated that he saw Pav driving the car. Police dispatch records, however, indicated that the lieutenant arrived at the scene five minutes after the car was parked.  Other witnesses reported a different driver.  Attorney Mishlove tried the case to a jury and Pav was found Not Guilty.  We saved him from a long jail sentence and irreparable damage to his family.

Wauwatosa v. Ajay (last name withheld): Milwaukee County, 1st offense.  In this case, a citizen witness called the police to report that the Ajay was driving erratically.  The police located Ajay in his garage.  We argued that the police entered the private garage unlawfully, without a warrant.  The case was reduced to a non-drunk driving charge.

Pleasant Prairie v. Kelly (last name withheld): Kenosha County, Kelly was an Illinois driver facing a lifetime Illinois license revocation (as Illinois drivers are treated unfairly by that state).  The police accused him of weaving, failing field tests and having a breath test result of .12.  The police surveillance video, however, showed him appearing normal.  More importantly, the video showed that he had gum in his mouth just prior to the breath test and that he was talking on a cell phone while the breath machine was operating.  The case was reduced to a non-drunk driving charge.

Oak Creek v. Gregory (last name withheld): Milwaukee County, 1st offense. Greg was found by the police in his car, which he had driven into a ditch.  According to the police, he failed field sobriety tests and had a breath test result over the legal limit.  We went to a court trial in the municipal court and lost.  Attorney Mishlove objected, however, because the trial was at night and the court building was locked.  On appeal, the court held that Greg was denied his right to a trial that was public.  The case was dismissed.

State of Wisconsin v. Keith (last name withheld): Kenosha County, 1st offense, CDL holder.  Keith was a truck driver whose career was at stake in this case.  According to the police, he was weaving on the highway, failed his field sobriety tests and had a .12 breath test result.  We tried the case to a jury and Keith was found Not Guilty.  His career was saved.

State of Wisconsin v. Dale (last name withheld): Vilas County, 3rd offense OWI charge. Dale drives for a living, as a salesman.   A conviction in this case would have resulted in a loss of his career.  We set the matter for a jury trial and appeared in court ready to proceed. On the morning of trial the case was reduced to a non-drunk driving charge.  Dale’s driver’s license and career were saved.

State of Wisconsin v. Daniel (last name withheld): Court of Appeals, District II:  This case from Racine County is also mentioned below.  The Court of Appeals affirmed the decision of the trial court.  Case dismissed.

State of Wisconsin v. William (last name withheld): Brown County. ,2nd offense OWI charge.  William was facing a lifetime revocation of his Illinois license and a jail sentence.  The state, however, lost critical video evidence.  The case was dismissed.

State of Wisconsin v. Patricia (last name withheld): Washington County. ,3rd offense OWI charge. Pat lost control of her car and ran into a ditch because she was adjusting her radio.  A citizen reported that she was intoxicated.  The deputy reported that she had an odor of intoxicants and that she failed field sobriety tests.  A preliminary breath test and a blood test were over the limit.  We tried the case to a jury, and Pat was found Not Guilty.

State of Wisconsin v. Alfredo (last name withheld): Milwaukee County.  3rd offense OWI charge.  Alfredo was facing a long jail sentence and driver’s license revocation.  He was found asleep behind the wheel of his running car, and charged with OWI, even though someone else was the driver. We tried the case to a jury and Alfredo was found Not Guilty.

Town of Brookfield v. Thomas (last name withheld): Waukesha County. Thomas was an Illinois driver facing a one-year to life Illinois license revocation if he was convicted of this offense.  The police testified that he was driving recklessly, almost caused an accident, appeared drunk and failed field sobriety tests.  Because he did not consent to a breath test, there was no test result.  The video recording of the incident was not consistent with the police testimony.  We tried the case to a jury, and Thomas was found Not Guilty.

State of Wisconsin v. Jason (last name withheld): Winnebago County, Wisconsin 4th Offense OWI Charge:  Jason used his truck to shove and disable the car of a dangerously drunk driver.  Jason and the other driver were both charged with an OWI.  We argued that his actions were justified in order to prevent a real danger of serious injury to other people.  We tried the case to a jury, and Jason was found Not Guilty.

County of Milwaukee v. James (last name withheld): This gentleman was an Illinois driver, facing a lifetime revocation of his Illinois driver’s license if he was convicted in Wisconsin.  It was a hard-fought case.  When it finally came to trial, the prosecution could not proceed.  The case was dismissed.

Butler v. Levarn (last Name withheld): This case was hard-fought and actually went to trial several times.  At one point a conviction was reversed by the court of appeals. At the final trial, the prosecution failed to prove that the blood was properly drawn from the defendant and transported to the laboratory.  The charge was reduced to a non-DUI charge.

Oak Creek v. Christopher (last name withheld): Christopher was a gentleman from out-of-state with a good job that required extensive traveling.  An alcohol-related driving conviction would have ruined his career. Christopher was reported to the police by a citizen witness.  The witness reported that he was an intoxicated driver in the drive-through of a fast-food restaurant.  He was located and arrested by the police in the parking lot of the restaurant.  The citizen witness proved to be an unreliable witness.  The charge was reduced to a non- DUI charge, with no driver’s license revocation.  Christopher’s career was saved.

State of Wisconsin v. Bruce (last name withheld): Walworth County, Wisconsin. While being represented by a different lawyer, Bruce pled guilty to a felony fifth offense drunk driving in 2004.  He served 21 months in prison and was on parole (now called extended supervision).  When he was arrested again in 2009, he called Attorney Mishlove.  Because of the recent arrest, Bruce, was ordered to serve another 15 months in prison on the old, 2004, felony charge.  Attorney Mishlove successfully argued that the 2004 case should really have been a fourth rather than a fifth offense, so he had already done more than the maximum sentence.   Bruce’s charge was reduced from a felony to a misdemeanor and he was immediately released from prison.

State of Wisconsin v. Paul (last name withheld): Winnebago County third offense charge.    Paul was a 45 year old truck driver facing a third offense drunk driving charge.  His career was on the line (not to mention a long jail sentence).  Paul was found passed out behind the wheel of his running vehicle at a truck stop.   Attorney Mishlove tried the case to a jury and Paul was found Not Guilty.

State of Wisconsin v. Gene (last name withheld): Walworth County third offense charge.  Gene was charged in Walworth County, Wisconsin with third offense drunken driving.  We were convinced that it should have been charged as a first offense.  The judge, however, didn’t see it that way and Gene was facing up to one year in jail.  We were very confident that we could win an appeal; but, it turned out that an appeal was unnecessary.  We tried the case to a jury, and Gene was found Not Guilty.

City of South Milwaukee v. Justin (last name withheld): Justin was arrested by the City of South Milwaukee police.  He declined to give a breath sample and was also charged with refusal to submit to the test.   We successfully argued that Justin was never properly advised of his rights regarding the chemical test, so he did not legally refuse the test.  Both the refusal and the drunken driving were dismissed.

State of Wisconsin v. Daniel (last name withheld): Racine County circuit court, third offense OWI charge.  Daniel was arrested in 2006 for this case.  The matter was delayed time after time, so that the state could provide an undamaged copy of the arrest video.  Eventually the judge dismissed the case, but the court of appeals reinstated the matter. Recently, there was a series of hearings and arguments about why the video was not properly produced.  Surprisingly, it was discovered that the state had an undamaged copy all along.   Case dismissed.

State of Wisconsin v. Scott (last name withheld): Scott was arrested after crashing his car into a neighbor’s garage, after leaving the neighbor’s house.  Unfortunately, Scott was impaired by alcohol, and was charged with drunken driving.  The charge was dismissed because we successfully argued that he never actually operated the car on a public roadway.

State of Wisconsin v. Sean (last name withheld): Last year, Sean hired an inexperienced lawyer, pled guilty to third offense OWI and was sentenced to jail.  He did have two prior OWI convictions.  We looked at the prior convictions and quickly realized that neither one of them should have been counted.  In a recent hearing, Sean’s case was reduced from a third offense to a first offense.

City of Waukesha v. Patrick (last name withheld):  OWI and Refusal. Not Guilty finding on both counts after trial.

City of Milwaukee v. Chad (last name withheld): OWI, Hit and Run and Refusal. All charges dismissed on defendant’s motion at trial.

Village of Jackson v. George (last name withheld): George is a 46-year-old truck driver who had never been in trouble before in his life. But this charge would have cost him his career. We were able to get the charge reduced to reckless driving. George is still a truck driver.

Kenosha County v. David (last name withheld): David was an Illinois driver facing a lifetime Illinois driver’s license revocation. The prosecutor refused to negotiate, so we went to trial. They were unable to properly present their evidence, so they had to reduce the charge to reckless driving.

State of Wisconsin v. Amanda (last name withheld): Milwaukee County. Amanda was accused of a first offense drunk driving and speeding. After Amanda took the field sobriety tests on the side of the road, the officer subjected Amanda to a preliminary breath test, which came back over the limit. Attorney Emily Bell challenged whether the officer had the authority to demand right that Amanda take the preliminary breath test, arguing that based on the totality of the circumstances, the officer lacked the requisite level of probable cause to require it. Attorney Bell showed the squad car video to the court, who agreed with that the officer had exaggerated his report. The court suppressed all evidence after the initial traffic stop. Result:The drunk driving case was dismissed, and the speeding citation was Reduced.

Jennifer (last name withheld): Waupaca County- OWI 2nd. Jennifer was accused of a second offense drunk driving in Waupaca county. She was also accused of refusing to consent to the blood test. Prior to hiring our law firm, she defaulted on the ten-day refusal deadline, and lost her driver’s license. Jennifer was still, however, facing the criminal DUI charge and mandatory jail sentence. Since she refused to give consent for her blood to be drawn, the arresting officer applied for a warrant, and conducted a forced blood draw. Attorney Emily Bell did a thorough investigation, discovered that the process used to obtain the warrant was illegal, and the warrant was defective. Attorney Bell filed a motion to suppress the blood result in Jennifer’s case. The State responded by reducing the charge against Jennifer to an offense other than OWI. Jennifer avoided a criminal record and she served no jail time.

County of Milwaukee v. Stacey (last name withheld): OWI 1st offense. Stacey was stopped for speeding, and ultimately arrested for DUI. Attorney Emily Bell challenged the lawfulness of the arrest; since Stacey appeared sober on the squad car video recording. The government was unable to produce evidence in support to show that Stacey was lawfully arrested for drunk driving. The motion challenging the arrest was granted; and the case was dismissed.

City of Waukesha v. Shawn (last name withheld): First offense OWI, Shawn was stopped for driving with expired license plates. The stop, detention, and arrest were captured on video. Attorney Emily Bell analyzed the video and argues that the prosecutor would have substantial problems meeting the probable cause standard necessary to arrest a citizen. This case was reduced to a non-OWI traffic offense of reckless driving.

City of Waukesha v. David (last name withheld): First offense OWI, David was employed as a truck driver so his career was on the line; as his commercial driver’s license was at risk. There were no witnesses that actually saw David driving, and David adamantly maintained he consumed alcohol at home after driving. Attorney Emily Bell prepared this case for trial, and on the day of trial this case was reduced to a non-OWI traffic offense of reckless driving. David was able to keep driving.

County of Milwaukee v. Rafael (last name withheld): Milwaukee County. 1st offense. Rafael was accused of drunk driving with a .15 breath test result. Attorney Emily Bell challenged the lawfulness of the stop, detention and arrest, arguing that the police misinterpreted the field sobriety tests. She convinced the judge that, even though Rafael was legally stopped, the police lacked probable cause to arrest him. Because the evidence against Rafael was excluded, he was found not guilty.

State of Wisconsin v. Naomi (last name withheld): OWI 3rd offense, Waukesha County. Naomi was stopped by the police and charged with a third offense DUI. She was facing up to one year imprisonment. Attorney Emily Jane Bell successfully argued that there was not enough evidence that Naomi had committed a specific traffic violation or that the officer had proper cause to believe she was driving while impaired. Ms. Bell won the day. The court suppressed the traffic stop and all evidence, and dismissed the case.

State of Wisconsin v. Nicholas (last name withheld): 2nd offense, Ozaukee County. Nicholas was charged with a second offense DUI, Intoxicated Possession of a Firearm, and Possession of Drug Paraphernalia, and was facing up to 16 months imprisonment. Nicholas was stopped for a traffic violation, taken into custody and questioned. As a result of the questioning, both Nicholas and his car were searched. A gun was found (although Nicholas had a permit). Nicholas was also charged with possession of drug paraphernalia. Attorney Emily Bell discovered that the officers falsified the order of their police reports, thus making it appear they had read Nicholas his rights, when they had not done so. Under questioning by Attorney Bell, the officers admitted the truth. The court found that the discovery of the gun was due to the unlawful interrogation of Nicolas; and the gun charge was dismissed. The court dismissed the baseless possession of paraphernalia charge because the drug paraphernalia was actually found on the driver of another car. The gun charge was dismissed. The drug paraphernalia charge was dismissed. The DUI is still pending.