While Attorney Stangl typically uses his blog to inform and educate those who may find themselves dealing with legal trouble, he also finds it important to use this opportunity to tell the real-life stories of the clients he's helped defend.
With this in mind, Attorney Stangl has highlighted five recent OWI-related success stories below. Let these serve as examples of how the advice Attorney Stangl typically offers through his blog translates into action that helps protect his clients.
Steve's Story
OWI-PAC 7th Victory
Steve hired Attorney Stangl to represent him on a 5th/6th OWI offense and unfortunately while out on bond he was picked up for another OWI – –his 7th offense since 1989.
Attorney Stangl was now defending against a 6th and 7th offense OWI plus related felony bail jumping and criminal operating after revocation charges. Needless to say the client was in serious trouble and if convicted of the 7th offense would have done mandatory prison time. A charging error was made, however, with respect to the 7th offense and it was charged out as a 5th and 6th offense, although it was correctly a 7th offense.
Because of the mandatory minimum sentence structure on the 7th offense, Steve did not have proper notice of that charge and the State could have dismissed that charge and re-charged it properly as a 7th offense with the mandatory minimum prison sentence language. This would have provided Steve with due process notice of the mandatory minimum penalties.
Fortunately for Steve, who was prepared to fight to the bitter end, Attorney Stangl was able to negotiate an amendment from the 7th offense down to a different felony, thus removing the mandatory minimum prison sentence for Steve. Instead, Steve received treatment court options with county jail time which will likely include electronic monitoring and he was not sentence to prison.
If you are ever in a desperate situation like Steve where on the surface it looks like you are heading to prison, contact Stangl Law Offices, S.C. immediately as we have extensive experience in defending difficult cases.
Matthew's Dilemma
OWI amended to reckless and inattentive driving
Matthew was arrested after he had an accident where he crashed into a decorative retaining wall in front of a closed business. He was initially arrested and cited for felony reckless endangerment as well as operating a vehicle while intoxicated.
It was alleged that he “huffed” an inhalant and blacked out while driving. He immediately hired Attorney Stangl prior to being formally charged and the criminal charges were not pursued.
He was then charged with an OWI 1st under the theory that he was under the influence of an inhalant. The matter was aggressively defended and many motions challenging the case were filed including a motion to suppress statements made by Matthew which were very damaging to his case.
Ultimately, prior to trial, due to concerns with proving its case, a resolution was reached and the City amended the OWI to a reckless driving and inattentive driving with the payment of two forfeitures-fines.
State of Wisconsin v. A.G.
Criminal OWI amended to a non-criminal citation for inattentive driving and the refusal dismissed
The defendant was charged with an Implied Consent Refusal and OWI-2nd after a motorist who claimed to be following the defendant and further claimed that he was driving recklessly and exceeding speeds of 90 MPH.
The citizen witnesses followed the client to a rural bar and on the way there called 911 reporting that they believed the client was intoxicated. The client went into the bar where he consumed several shots. Deputy Sheriffs went in the bar and began questioning the client about the incident and how much he had been drinking. The defendant denied consuming any alcohol prior to arriving at the bar and further denied any erratic driving.
He was subsequently taken into custody and arrested for an OWI 2nd offense. The client who had a previous cerebral hemorrhage had difficulty speaking and processing information due to his medical condition. He ultimately declined a blood test and was charged with a refusal (implied consent violation).
During the course of the case investigation it was learned that the defendant suffered from aphasia, a condition which results in confusion and difficulty in processing information which was a result of his medical condition. Attorney Stangl also investigated the alleged citizen witnesses and learned that both of them had extensive criminal records, including conduct and criminal convictions for crimes and acts of dishonesty.
The State failed to provide this information to me and Il also believed that the State would not be able to procure the attendance of the claimed eye witnesses at trial.
Armed and ready to go to trial, the prosecution was caught flat footed and their bluff was called. Prior to the start of the trial the criminal OWI was amended to a non-criminal citation for inattentive driving and the refusal was dismissed as the State finally realized the weakness of its case and that it could not come close to proving the allegations.
State of Wisconsin v. R.T.
Case amended from a criminal conviction OWI 5th offense to an OWI 1st offense, a non-criminal ordinance violation
The client was charged with an OWI 5th offense, a felony, with a high alcohol concentration. He had a number of prior convictions from Minnesota, where he did not have a lawyer. If convicted he would likely have received a prison sentence.
As a result of a very thorough factual and legal investigation, Attorney Stangl was able to establish that in four of the prior convictions his client was not properly advised of his right to appointed counsel and how an attorney may have been able to assist him in those cases, thus establishing that the prior convictions violated his client’s constitutional rights under the Sixth Amendment.
The State conceded that four of the prior criminal OWI convictions could not be counted against the client and the case was amended from a criminal conviction OWI 5th offense to an OWI 1st offense, a non-criminal ordinance violation, thus saving the client from a lengthy jail or prison sentence and another OWI conviction.
Gil’s Story
Possession of A Firearm While Intoxicated-OWI/PAC 1st
Attorney Stangl was hired to represent Gil, a retired State Trooper, who had the misfortune of getting arrested for drunk driving. After Gil’s vehicle was stopped and he was arrested for OWI-PAC 1st, the arresting officer located a loaded concealed weapon on his person.
While a retired police officer is allowed to carry a concealed weapon, it is still illegal in Wisconsin to carry a concealed weapon under the influence of an intoxicant. Along with the OWI charges Gil was charged with possession of a firearm while intoxicated and a conviction of either would have tarnished his otherwise unblemished career in law enforcement and life as a hardworking and law abiding citizen.
A special prosecutor was named to prosecute the criminal firearms charge due to the fact that Attorney Stangl’s client was a member of the law enforcement community. Attorney Stangl had successfully defended law enforcement officers in the past and Gil was very fortunate and pleased to have all the charges against him ultimately dismissed as a result of Attorney Stangl’s defense.
What are the Advantages of Having an OWI Attorney in Wisconsin?
You have to remember, operating while intoxicated charges or drunk driving charges are very complicated. They involve a lot of science which includes either testing the of your breath or your blood.
There are a lot of specific techniques that are involved in the testing of those bodily specimens and that can be ripe with errors.
So, one of the things an experienced attorney can do who has expertise in this area is to analyze the process of how the blood was analyzed, whether the intoximeter machine, which is used in Wisconsin, is operating properly, whether it’s calibrated properly, and whether forensically their evidence all adds up.
Secondly, there can be a number of other defenses relating to an OWI, which an average person does not have the knowledge of including constitutional violations, issues relating to the constitutionality of the stop or of arrest.
These are complicated cases, which require someone who has experience in defending them.
If you or someone you know has been charged with drunk driving or OWI in Wisconsin, it’s crucial to secure an experienced OWI attorney in Madison, Wisconsin to defend your case. Contact Attorney Patrick Stangl for a free consultation.
Stangl Law Offices, S.C.