Cases

Reduced: Felony OWI/PAC-6th amended to non-alcohol-related misdemeanor

Hudson, WI driver charged with OWI/PAC-6th, refusal, and also facing revocation of his extended supervision after being released from prison on his OWI-5th offense, a case in which he was represented by a different attorney.

Reduced: OWI/PAC-6th amended to non-alcohol-related criminal charge

Amery, WI driver charged with OWI/PAC-6th offense. Sadly, this case began when the client was near his motorcycle and was struck by a drunk driver’s sedan. The police ended up investigating and arresting both people. However, the Defense’s theory was that the client was not driving his motorcycle at the time of the accident. Rather, he was pulled over on the side of the road standing next to it. Attorney Nero had obtained the assistance of an expert to witness to litigate the issue of whether, given the client’s traumatic brain injury, he was capable of consenting to the blood draw that occurred. However, on the day of the motion hearing, the State offered to resolve the case for a plea to a different non-driving-related crime. This agreement save the client from a license revocation, jail, and large fines.

Dismissed: OWI/PAC-1st, Refusal, and Felony Terroristic Threats

Vancleave, MS over-the-road truck driver charged with OWI/PAC-1st, refusal, disorderly conduct, and felony terroristic threats. This client needed his CDL to continue to support himself. The only job he’d ever had was a truck driver and he never wanted to do anything else. The life he knew was on the line in this case, which involved a disagreement with other truck drivers at a gas station/truck stop parking lot. The other truckers ended up calling the police on the client, who was asleep in his semi, which was running on an APU – a fact which Attorney Nero confirmed by reviewing the truck’s fleet management software. Attorney Nero began his representation by getting the judge to dismiss the overcharged felonies. He finished the representation by showing the prosecutor the proof that the client never operated his vehicle after parking it. The client ended up pleading to a simple disorderly conduct, moving on with his life, and happily finishing his trucking career.

Reduced: OWI/PAC-1st to Reckless Driving

New Richmond, WI driver charged with OWI/PAC-1st offense. This case involved a situation where the client allegedly struck a roadside flag pole, leaving various parts of her vehicle broken off near the accident scene. She then allegedly drove to a friend’s house, where she remained for an extended period of time before the police found her vehicle in the driveway. The defense was that, although the client was intoxicated at the time the police found her, hours later, she was not intoxicated at the time of the accident, as she consumed all the alcohol after arriving at her friend’s house. Since the government could not prove anything to the contrary, Attorney Nero persuaded them to plead the case out for a reckless driving. The client could not have been more pleased.

Reduced: Operating CMV with BAC above 0.00 to Reckless Driving

Hudson, WI driver charged with operating a commercial motor vehicle with a BAC above 0.00. This man had a CDL and did not wish for anything alcohol-related to end up on his driving record. As the trial date approached, Attorney Nero made it clear to the prosecution that they were going to jury trial if the charges were not amended. Ultimately, the prosecution decided to amend the charges to reckless driving avoid the jury trial and save the client’s driving record.

Reduced: OWI/PAC-7th offense reduced to OWI/PAC-6th offense, mandatory 3-year prison sentence avoided

Champlin, MN driver charged with OWI/PAC-7th offense. His alleged prior convictions dated back to 1989, which is the first year Wisconsin law begins to consider and count prior offenses against those charged with OWI. Whether these old convictions are countable in a new case often depends on whether the court of conviction has destroyed the records, which they often do after several decades have gone by. This was one such case. This client needed to have one prior conviction “thrown out” if he was going to avoid prison. Fortunately, after extensive pretrial litigation, the State conceded the issue. The prior was thrown out, and the client’s sentenced was reduced from a mandatory minimum three-year prison sentence to a few short months of house arrest.

Reduced: OWI/PAC-7th offense reduced to OWI/PAC-6th offense, mandatory 3-year prison sentence avoided

Lakeland, MN driver charged with OWI/PAC-7th offense, which carries a mandatory minimum 3-year prison sentence upon conviction. Like the case above, this man needed to find a problem with one of his prior offenses to avoid that prison sentence. Luckily, Attorney Nero found such a problem, and presented it to the prosecutor, who did their own review of the situation. After that review and several lengthy conversation, the prosecutor agreed that they could not prove what needed to be proven regarding that prior conviction. The charges were amended to OWI-6th offense and the client was able to continue working and to maintain a relationship with his child.

Reduced: OWI-3rd to OWI-1st

Chetek, WI driver charged with OWI/PAC-3rd offense. This case involved a successful attack on an alleged prior offense. Due to the timing of the client’s other priors, this was reduced not just from an OWI-3rd to an OWI-2nd, but all the way down to an OWI-1st, which saved the client from having to do any jail time at all, a lengthier license revocation, and ignition interlock device order.

Reduced: OWI-1st to Reckless Driving

River Falls, WI driver charged with OWI/PAC-1st offense. This was truly the type of case you don’t see every day. Due to the COVID-19 pandemic, the law enforcement officers were careful about disinfecting the Intoximeter breath testing machine area of their jail. The problem with using disinfectants, however, is that many contain alcohol. The Intoximeter aborted at least two testing sequences because alcohol from Lysol spray was contaminating its “blank checks,” which have to come back at 0.000 for a testing sequence to be completed. Finally, a testing sequence was able to be finished; however, if the Lysol contaminated two sequences before this, the risk that it continued to contaminate and artificially inflate the breath test results for this client were too great to ignore. The prosecutor agreed with Attorney Nero’s arguments, decided not to fight a losing battle, and amended the charges to reckless driving. The client was thrilled.

Reduced: OWI/PAC-1st to Reckless Driving

urtle Lake, WI driver charged with OWI/PAC-1st offense. She crossed the centerline and nearly caused a head-on collision with a police officer, which is not an ideal start to a case. She went through field sobriety testing and had her blood drawn, which showed an alcohol concentration of approximately 0.30 – almost four times the legal limit. Attorney Nero took the case to municipal trial. Halfway through the trial, during Attorney Nero’s cross-examination of the arresting officer, the Defense learned some extremely favorable information. The officer did not testify to facts needed to support his request for field sobriety tests in the first place. Attorney Nero asked for a recess to discuss the issue with the prosecutor in the hallway. The prosecutor realized there were issues and agreed to reduce the case to a reckless driving on the spot.

Reduced: OWI/PAC-1st to Reckless Driving

Mondovi, WI driver charged with OWI/PAC-1st offense and speeding. This driver was a truck driver and simply could not accept any type of OWI conviction. Attorney Nero litigated a series of pretrial motions, which were denied. The case was set for trial. The facts were difficult. The client had been driving 90+ miles per hour on his motorcycle, allegedly failed field sobriety tests, and blew about a 0.13 on the Intoximeter. The case was set for jury trial but rescheduled on the morning of trial because the arresting officer had a stomach ache. When the new trial date came around, again, that same morning, the prosecution discovered it had issues getting witnesses to the courthouse. Because the prosecution was afraid of an appeal on the pretrial motions, and because they failed to get their witnesses to court twice in a row, the case settled for a reckless driving in the hallway, with the jury assembled in the courtroom.

Dismissed: OWI/PAC-2nd

Ellsworth, WI driver charged with OWI/PAC-2nd offense with an alleged refusal. This young man refused the request for a blood draw because he insisted he was not the driver of the vehicle. In fact, when the police arrived at the scene, where his vehicle had been driven into the ditch, his friend was in the driver’s seat. There were other passengers as well, each of whom gave conflicting and confusing accounts of who was, in fact, the driver. Since the State could not prove that this client was the driver, Attorney Nero convinced them to dismiss the case in exchange for a plea to the noncriminal refusal case, so the client never spent a day in jail.

Dismissed: Felony OWI/PAC-3rd w/ minor child

Somerset, WI driver charged with OWI/PAC-3rd with a minor child in the vehicle, which turns a “normal” third offense from a misdemeanor to a felony. After this client’s arrest, he agreed to a blood test when the law enforcement officers asked. Under Wisconsin law, when a person submits to a law enforcement blood test, they also have the right to additional and independent testing upon request. This client did request an independent test, but the police never acted on that request. Attorney Nero filed a motion to suppress (a legal word for “throw out”) the police’s blood test because the client was denied his right to additional testing. The judge GRANTED the motion to suppress. Without any persuasive evidence of intoxication, the prosecution agreed to amend to a misdemeanor disorderly conduct. The client paid court costs, but did not go to jail, go on probation, pay a fine, suffer a license revocation, or need to undergo an alcohol assessment.

Reduced: OWI/PAC-1st to Reckless Driving

Hudson, WI driver charged with OWI/PAC-1st in a case involving a 0.08 breath test result. Attorney Nero convinced the prosecution that, although the test result showed 0.08 at the time the test was taken, the client’s BAC was likely under the legal limit at the time of driving. Rather than fight a losing battle, the prosecutor offered to have the client plead to reckless driving. The client gladly agreed to that outcome. Wisconsin law restricts amendments and dismissals of OWI charges, so amendments to reckless driving, such as this one, are generally excellent outcomes.

Reduced: OWI/PAC-1st to Reckless Driving

Stillwater, MN driver charged with OWI/PAC-1st after having some beers on the golf course and heading home. He was pulled over for speeding and ultimately blew a 0.13 after his arrest. Attorney Nero litigated this case extensively at the pretrial level, but the case was ultimately set for trial. Rather than fight Attorney Nero at jury trial, the prosecutor decided to amend the charges to reckless driving.

Dismissed: OWI/PAC-1st/refusal, Felony Fleeing or Eluding an Officer, Misdemeanor Obstructing an Officer

Hayward, WI, driver charged with OWI/PAC-1st/refusal, as well as felony fleeing or eluding an officer and misdemeanor obstructing an officer. This case arose on a very cold night with glare ice covering the roads, at an intersection with noisy maintenance vehicles, tow trucks, and other distractions. Another vehicle had slid off the road and the client stopped to see if everyone was okay. The police directed him to keep moving, but he took a little longer than they wanted. However, he started to move along, after which the police told him to stop. He did not stop, maintaining that he did not hear the officer’s instructions. He drove to his nearby home, given the ice. The officer pursued, but this was not a high speed chase due to road conditions. The client made it home and opened the door because the officer was about to break it down. Attorney Nero filed several motions to suppress the evidence, and the judge threw out ALL CHARGES, including the felony, misdemeanor, and the OWI case, because the officer lacked a basis to do any type of traffic stop, based upon the client following the instructions to keep moving. This was a hard earned result after hours of motion hearings, other in-court litigation, and lengthy written legal arguments. The client and Attorney Nero could not have been happier with this outcome.

Reduced: OWI-1st to Reckless Driving

Osceola, WI, driver charged with OWI-1st/refusal in St. Croix Falls, Polk County. She was pulled over for crossing over the fog line and for not having a license plate bulb in working order. The officer smelled alcohol, saw her allegedly bloodshot eyes, and requested field sobriety tests. He decided she failed, but she disagreed. A search of her vehicle also uncovered marijuana, which the officer suspected was in her blood. She refused a blood test, but luckily the police got a search warrant for her blood. The test results showed that she was under the limit for alcohol and that she had zero THC (marijuana) in her system. Attorney Nero convinced the prosecutor to amend everything to a reckless driving, even though the prosecutor could have gotten a refusal conviction, which carries harsher penalties than the OWI itself. His argument was that it was the right thing to do, given the test results. The client gladly accepted the reckless driving, as it saved them from an OWI conviction, revocation, ignition interlock device order, and other serious penalties.

Reduced: OWI-1st to Reckless Driving

Hayward, WI, driver charged with OWI/PAC-1st offense in Sawyer County. This case involved a questionable traffic stop by a tribal police officer outside of his jurisdiction. Attorney Nero brought up that fact to the prosecution, who offered a plea to reckless driving for fear that they would lose the whole case absent some compromise. The client happily accepted as they avoided an OWI conviction, revocation, fine, and alcohol assessment.

Reduced: OWI-1st to Reckless Driving

Hudson, WI, driver charged with OWI/PAC-1st in St. Croix County. This was a traffic accident where the client had a 0.10 test result on the Intoximeter breath machine. Attorney Nero filed a motion to throw out the test result due to the officer’s noncompliance with the procedures for requesting a test. Also, during the pendency of the court case, the officer was fired from his law enforcement agency. After he lost his job, he began to refuse to comply with subpoenas – even from prosecutors. Due to his unwillingness to cooperate, the prosecution offered a plea to reckless driving, which saved the client from an OWI conviction, loss of license, large fine, and alcohol assessment.

Dismissed: OWI-2nd

Hudson, WI, driver charged with OWI/PAC-2nd offense in St. Croix County. Another motorist called 911 to report this client’s driving behavior, but by the time the police caught up to her vehicle, she had already made it into her attached garage, an area which is given strong protection by the Fourth Amendment. The police didn’t even ask for permission to go into her garage, so Attorney Nero filed a motion to suppress. The judge agreed and threw out the whole case.

Reduced: OWI-3rd to OWI-1st

Chippewa Falls, WI, driver charged with OWI/PAC-3rd offense in St. Croix County. This client did not have an attorney on one of her prior offenses, so Attorney Nero was able to file a motion to collaterally attack (throw out) that prior conviction. Due to the age of the other prior, if successful, this case would be reduced not just to an OWI-2nd, but all the way down to a noncriminal OWI-1st. After a two lengthy hearings where the client testified after extensive preparations, the judge granted the motion. The OWI-3rd was knocked down to an OWI-1st and the client never did a day in jail.

Dismissed: Speeding on Freeway (25-29 over)

California driver charged with speeding on freeway (25-29 over). Any speeding conviction of 25 or over in Wisconsin carries a license suspension, which, of course, would have complicated the client’s life back home in California. Prior to hiring Attorney Nero, the prosecution agreed to amend it to a lower ticket, but the judge rejected the plea agreement. Attorney Nero got on board the case and worked out an agreement with the prosecutor to go to trial, but to do so on “stipulated facts,” meaning, they agreed about what the facts were. Chiefly, they agreed that the client was driving only 19 mph over the limit. In essence, the prosecutor agreed to “buck” the judge’s ruling. However, the prosecutor got cold feet and was worried about angering the judge by doing so. Instead of going with the plan, the prosecution did something better – dismissed the speeding ticket entirely.

Reduced: OWI-1st to Reckless Driving

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.

Reduced: OWI-1st to Reckless Driving

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.

Reduced: OWI-3rd to OWI-1st

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.

Reduced: OWI-1st to Reckless Driving

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.

Reduced: OWI-1st to Reckless Driving

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.

Reduced: OWI-1st to Reckless Driving

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.

Reduced: OWI-1st to Presence in Park After Close

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.

Reduced: OWI-1st to Reckless Driving

Beldenville, WI, driver charged with OWI-1st in Taylor County. This client hired Attorney Nero when he was waiting for his blood test results. He was charged with OWI-1st but was waiting to see if he would be charged with PAC-1st for having a test above the legal limit. The test result came back at 0.06, so the prosecution could not issue charges for PAC, but many prosecutors still attempt to obtain an OWI conviction when a person is that close to the legal limit. Fortunately, Attorney Nero had already demanded a jury trial, which the prosecution was not confident about winning. They offered a plea to reckless driving, an outcome which the client gladly accepted, as it saved him from an OWI conviction, large fine, license revocation, and alcohol assessment.

Reduced: OWI-1st to Reckless Driving

Siren, WI, driver charged with OWI/PAC-1st offense in Burnett County decided to hire Attorney Nero to replace his previous lawyer. He ended up extremely happy with that decision. While his previous lawyer would only explain to him the reasons he should accept a plea agreement for lesser/minimum penalties, this driver had CDL and simply could not accept that outcome. He hired Attorney Nero because he needed an aggressive trial lawyer to handle his case. After a lengthy motion hearing, with several witnesses, regarding the improper blood draw procedure used in this case, the prosecutor agreed to fold their hand, amend the charges to reckless driving, and allow this client to continue his career as a truck driver. There was no OWI conviction, no license revocation, no ignition interlock device, no alcohol assessment, and most importantly, no CDL disqualification.

Dismissed: OWI-4th

Colfax, WI, driver charged with OWI/PAC-4th offense, failure to install IID, and operating after revocation in Chippewa County. In Wisconsin, those charged as fourth offenses and up have a lower legal limit of 0.02, instead of the typical 0.08. This driver had a blood test result of 0.06 – three times over his special, lower legal limit. Attorney Nero started by using Wisconsin law to get the failure to install IID charge dismissed, and then attacked a prior conviction so that this person was facing trial on a misdemeanor OWI/PAC-3rd offense. This was a critical victory because his legal limit then reverted to the typical 0.08. Still, the prosecutor would not dismiss, so Attorney Nero took an aggressive trial posture. With the case set for trial and the prosecution lacking the evidence it needed to convict, the government finally decided not to fight the losing battle and dismissed the charges. This driver ended up with no felony, served none of the mandatory minimum jail time, had no license revocation/ignition interlock device order, and no alcohol assessment. He ended up pleading to the operating after revocation, paid a small money penalty, and was extremely happy to put the whole mess behind him.

Dismissed: OWI-2nd

Weyerhauser, WI, driver charged with OWI/PAC-2nd offense in Rusk County after being pulled over for rolling through a stop sign. Attorney Nero filed a motion to suppress evidence, arguing that the arresting officer did not have enough evidence to require the driver to (1) exit his vehicle for standardized field sobriety tests, or (2) arrest the driver after he performed the tests. When the motion hearing occurred, and the police officer took the stand, the prosecutor forgot to ask him several critical questions to meet the government’s burden of proof. Wisely, Attorney Nero made a strategic choice to ask ZERO questions about the field sobriety tests, later arguing to the judge in writing that the prosecutor came up woefully short at the hearing. The judge agreed and suppressed (or “threw out”) all evidence after the arrest (including the blood test results). Lacking the evidence needed to convict at jury trial, the prosecutor dismissed the OWI and PAC charges, saving the client from mandatory minimum jail time, a large fine, a driver license revocation/ignition interlock device order, and alcohol assessment. The client accepted the stop sign violation, paid a $98.00 fine, and went back to life as usual.

Reduced: OWI-1st to Reckless Driving

Illinois driver charged with OWI/PAC-1st in the City of Hudson municipal court. Few places punish their residents more harshly for OWI/DUI convictions than the State of Illinois. Unlike Wisconsin, Illinois punishes their residents for OWI/DUI convictions, regardless of where they occur, with an indefinite driver license revocation. This client hired Attorney Nero because he knew he needed to take this case extremely seriously and fight it as aggressively as Wisconsin law permitted. After the prosecution turned over its evidence to the Defense, Attorney Nero noticed that, although the officer claimed that this person made serious mistakes on the field sobriety tests, the squad video directly contradicted those claims. Did the officer not know his squad camera was on? Did he make it up? Did he copy and paste from an old police report? Regardless of the reason, the prosecution did not want this case coming before a judge or jury. It quietly settled out of court for no OWI conviction, saving the client’s Illinois driving privileges, and avoiding the other penalties that go along with it.

Reduced: Felony Recklessly Endangering Safety, Hit and Run, OWI/PAC-1st, etc. – settled for minimums

Osceola, WI, driver charged with felony, misdemeanor, and civil traffic-related offenses was facing up to 10 years prison and a $25,000 fine for allegedly driving her vehicle in a ditch while intoxicated. When she exited the ditch, she became airborne, striking another vehicle. Luckily, there were no serious injuries. However, she hired Attorney Nero because, like all of his clients, she needed to fight her case. She could not accept a criminal conviction, much less a felony, and because her BAC was alleged to be 0.15 or above, she was facing an IID order as well. Not only did Attorney Nero convince the prosecutor to drop the felony recklessly endangering safety, he convinced the prosecutor to drop every criminal charge, and also to agree to agree that her BAC was 0.149 to save her from the ignition interlock device order. While an OWI conviction occurred in this case, due to the seriousness of the other charges, this client was extremely glad to avoid criminal penalties, jail/prison time, probation, large fines, and to take the minimum possible penalties on a first-offense OWI.

Dismissed: Repeated Acts of Child Sexual Assault

Ellsworth, WI, man charged with repeated child sexual assault in Pierce County. Attorney Nero first filed a motion to dismiss the charges, which resulted in the client facing only a single allegation of first-degree child sexual assault. After many rounds of aggressive pretrial litigation, the Defense discovered the silver bullet – one which the government was apparently hiding. Through various open records requests, discovery demands, and follow-ups on the same, the Defense found out that the alleged victim in this case had been previously interviewed by Pierce County about these incidents. In this years-old recorded interview, the alleged victim absolutely denied that anything had ever occurred. Years later, for some reason, she changed her mind and said that the allegations did occur. However, in this type of he-said-she-said case, the accuser’s credibility means everything, and the one thing everyone knew was that, at one point or another, she had flat out lied about what happened. Faced with the prospect of an unbelievable witness and a three-day felony jury trial, the State packed up its things and dismissed the case entirely, saving the client from a possible 60 years of prison time.

Reduced: OWI-7th to OWI-6th

Roberts, WI, driver was charged in St. Croix County with operating while intoxicated (“OWI”) as a seventh offense. Unfortunately, OWI-7th+ carries mandatory minimum prison time – not just time in the county jail. Attorney Nero knew he had to find a problem with one of the prior offenses, some of which dated back to the late 1980s. Luckily, Attorney Nero discovered a flaw with one of the older prior offenses and filed a motion to collaterally attack (or “throw out”) that prior conviction. That motion was granted and the client was then able to resolve his case as an OWI-6th offense, saving him from a mandatory three-year prison sentence.

Dismissed: OWI-1st

Princeton, MN, driver was charged in the City of Sparta with operating while intoxicated (“OWI”) as a first offense, as well as the more serious offense of refusing to take a chemical test for intoxication after arrest. Attorney Nero convinced the prosecutor that the arresting officer was not a believable witness. The prosecution agreed to dismiss all charges against this young man.

Reduced: OWI-4th to OWI-3rd

Ellsworth, WI, driver was charged in Pierce County with felony operating while intoxicated (“OWI”) and operating with a prohibited alcohol concentration (“PAC”), both as felony fourth offenses. Attorney Nero filed a motion challenging a prior conviction. That motion was granted and the felony OWI-4th offense was reduced to a misdemeanor OWI-3rd offense, saving the client from a felony conviction – an important matter to him because felons cannot possess firearms and the client enjoyed bonding with his son on hunting trips – as well as a lengthier jail sentence, revocation and ignition interlock. The end result was a much shorter sentence that the client was able to serve in his own home on electronic monitoring.

Dismissed: OWI-6th

Eau Claire, WI, driver was charged in Chippewa County with operating while intoxicated (“OWI”) and operating with a prohibited alcohol concentration (“PAC”), both as felony sixth offenses. Attorney Nero began his defense by challenging an older prior conviction that the client’s previous lawyer allowed to go unchallenged in the previous case. Due to this challenge, the person’s OWI/PAC-6th offense was reduced to an OWI/PAC-5th offense. However, that was only the beginning. Attorney Nero filed a motion to suppress (a legal term for “throw out”) evidence because Wisconsin OWI laws only apply on public streets and highways, but Attorney Nero’s client drove only on a private and barricaded parade route. Based upon Attorney Nero’s performance at the motion hearing, the Court granted the motion to suppress evidence. Without any remaining proof, the district attorney dismissed the case entirely. This client did not just avoid a felony conviction in this case – he avoided having any conviction at all.

Reduced: OWI-3rd to Reckless Driving

New Richmond, WI, driver was charged in Sawyer County with operating while intoxicated (“OWI”) and operating with a prohibited alcohol concentration (“PAC”), both as third offenses. Attorney Nero filed a slew of motions to suppress (a legal term for “throw out”) evidence due to the Wisconsin State Patrol sergeant’s decision to delay the traffic stop by about 30 minutes to have a new recruit respond to the location to get on-the-job training for field sobriety tests, the practice of having OWI arrestees’ blood drawn in the Sawyer County Jail, and other issues. On the day of the motion hearing, the prosecution admitted his concerns about being able to defeat the Defense’s legal challenges. Attorney Nero’s client was able to plead to a non-criminal and non-alcohol-related traffic citation, saving his client from mandatory jail time, license revocation, ignition interlock, massive fines, alcohol treatment, and an OWI conviction.

Reduced: OWI-1st to Inattentive Driving

Spring Valley, WI, driver was charged in Pierce County with operating while intoxicated (“OWI”), operating with a detectable amount of a restricted controlled substance (“RCS”), failure to notify police of an accident, and failure to keep vehicle under control. Attorney Nero pointed out to the prosecutor that the prescriptions in his client’s system were not restricted controlled substances under Wisconsin law, that his client had made it home some time before the police arrived, and that he suffered a concussion in the accident where he swerved to avoid a deer. Rather than fight a potentially losing battle in front of a jury, the prosecutor agreed to amend the OWI to “inattentive driving,” and dismissed the remaining citations. The end result: no alcohol- or drug-related conviction, no license revocation, and no court-ordered treatment.

Reduced: OWI-1st to Reckless Driving

Chaska, MN, driver was charged in the City of Hudson with operating while intoxicated (“OWI”) and operating with a prohibited alcohol concentration (“PAC”), both as first offenses. This driver left a wedding party and was seen by police to be stumbling from the bar to his car. The police claimed to pull him over after seeing him make an unsignaled turn into a parking lot of a closed business. Attorney Nero argued to the prosecutor that there was no basis for the traffic stop because the unsignaled turn did not violate Wisconsin law. Rather than fight a losing battle, the prosecution offered a plea to reckless driving, saving the client from a driver’s license revocation, large fines, mandatory alcohol treatment, and an OWI conviction.

Dismissed: OWI-3rd

St. Paul, MN, driver was charged in St. Croix County with operating while intoxicated (“OWI”) and operating with a prohibited alcohol concentration (“PAC”), both as third offenses. This driver arrived in a parking lot, where he remained for several minutes before the police detained him and forced him to provide a breath sample. Attorney Nero successfully argued to the prosecutor that he could not meet his burden of proof because the evidence was consistent with drinking after driving – also called post-operation consumption – rather than operating while intoxicated. Attorney Nero convinced the prosecutor that his client could be innocent. The prosecution then dismissed all OWI charges, avoiding mandatory jail time, a lengthy driver’s license revocation, ignition interlock, and massive fines.

Reduced: OWI-4th To OWI-3rd

Bloomer, WI, driver was charged in Chippewa County with felony operating while intoxicated (“OWI”) and operating with a prohibited alcohol concentration (“PAC”), both as felony fourth offenses. Attorney Nero filed a motion challenging a prior conviction. That motion was granted and the felony OWI-4th offense was reduced to a misdemeanor OWI-3rd offense, saving the client from a felony conviction – an important matter to him because felons cannot possess firearms and the client enjoyed this constitutional right – as well as a lengthier jail sentence, revocation and ignition interlock.

Reduced: OWI-1st To Reckless Driving

St. Croix Falls, WI, driver had his OWI-1st charge amended to a Reckless Driving after Attorney Nero appealed a municipal court conviction to circuit court.

Reduced: OWI-2nd To OWI-1st

Pennsylvania driver had his OWI-2nd charge amended to OWI-1st after the Defense’s Motion to Suppress was granted.

Dismissed: Resisting An Officer Disorderly Conduct

Tomah, WI, man had his Disorderly Conduct and Resisting and Officer charges dismissed after Judge granted the Defense’s Motion to Dismiss.

Dismissed: Terrorist Threats

Superior, WI, man charged with making terrorist threats had his case dismissed after Judge granted the Defense’s Motion to Dismiss.

No Charges: Title IX (Sexual Assault)

Title IX investigation resulted in no findings against client (a St. Olaf College student)

Reduced: OWI-1st To Reckless Driving

Hudson WI, driver had his OWI-1st charge amended to a Reckless Driving after Attorney Nero convinced the prosecutor that he could not meet his burden because his client did not have a prohibited alcohol concentration at the time of driving.

Dismissed: OWI-3rd

Wisconsin driver had his OWI-3rd charge amended to a municipal OWI-1st after Attorney Nero successfully attacked two prior Colorado DWAI convictions.

Dismissed: OWI-3rd

Ladysmith, WI, driver had his OWI-3rd charge dismissed after Attorney Nero’s suppression motion was granted on motion to reconsider.

Released From Prison APPEAL: Manufacture/Delivery of THC

Motion for resentencing granted and client was released from prison with time served

Reduced: OWI-1st

Waukesha, WI, driver had his OWI-1st charge amended to an absolute sobriety violation after Attorney Nero convinced the prosecutor that they could not meet their burden of proving a BAC of 0.08 or above.

Dismissed: Possession Of Marijuana Possession Of Drug Paraphernalia

Fridley, MN, man charged with possession of marijuana and possession of drug paraphernalia had his case dismissed after Attorney Nero convinced an Assistant District Attorney that convictions would be unjust.

Dismissed: Misdemeanor Bail Jumping

Elmwood, WI, man charged with misdemeanor bail jumping had his case dismissed on the eve of trial after Attorney Nelson convinced the District Attorney that they could not meet their burden of proof.

Dismissed: Possession With Intent To Deliver THC, Possession Of Drug Paraphernalia, And Misdemeanor Bail Jumping

Prescott, WI, man had various charges, possession with intent to deliver THC, possession of drug paraphernalia, and misdemeanor bail jumping dismissed after Attorney Nelson convinced an Assistant District Attorney that they could not meet their burden of proof.

Dismissed: Injunction (Domestic Abuse)

Chetek, WI, man had an Injunction denied and dismissed after Attorney Nelson convinced the Court Commissioner that the petitioner had not met her burden of proof.

Dismissed: Forgery Medical Assistance Fraud

Spring Valley, WI, man charged with felony forgery and medical assistance fraud had his case dismissed by the Judge at the preliminary examination after Attorney Nelson convinced the Judge that the State had not met its burden of proof.

Dismissed: Disorderly Conduct

Duluth, MN, woman had her domestic disorderly conduct case dismissed after Attorney Nero convinced an Assistant District Attorney to dismiss all charges.

Dismissed: Disorderly Conduct, Felony Bail Jumping, 4th Degree Sexual Assault, False Imprisonment, Misdemeanor Battery

Cable, WI, man had various charges including, disorderly conduct, felony bail jumping, 4th degree sexual assault, false imprisonment, and misdemeanor battery dismissed after Attorney Nelson convinced an Assistant Attorney General that they could not meet their burden of proof.

Reduced: Various Traffic Tickets To Reckless Driving

North Branch, MN, driver had several hit-and-run offenses, which would have resulted in permanent job loss and CDL disqualification, amended to one charge of Reckless Driving.

Reduced: OWI-2nd To Disorderly Conduct

Janesville, WI, driver had his OWI-2nd charge – which would have resulted in permanent job loss and CDL disqualification – amended to misdemeanor disorderly conduct after Attorney Nero convinced the prosecutor, over a period of several months, that it was the right thing to do.

Reduced: Disorderly Conduct To County Ordinance

Ellsworth, WI man had his Disorderly Conduct charge amended to a noncriminal county ordinance violation after Attorney Nero convinced the Assistant District Attorney that he could not meet the burden of proof.

Reduced: OWI-1st To Reckless Driving

Hudson, WI, driver had his OWI-1st charge amended to a Reckless Driving after Attorney Nero convinced the prosecutor that he could not meet his burden because his client was below a 0.08 at the time of driving.

Reduced: OWI-1st To Reckless Driving

River Falls, WI, driver had his OWI-1st with a Refusal – which would have resulted in 1-year job loss and CDL disqualification – amended to a Reckless Driving after Attorney Nero convinced the prosecutor that she could not meet his burden.

No Charges: Sexual Assault

Wisconsin man investigated for sexual assault. Attorney Nelson convinced the police agency investigating the alleged assault that a crime was committed. The police agency closed their investigation and chose not to forward charges to the District Attorney’s office.

Reduced: OWI-3rd To OWI-2nd

White Bear Lake, MN driver had his OWI-3rd charge amended to an OWI-2nd after Attorney Nero successfully collaterally attacked a prior Minnesota DWI conviction.

Dismissed: Shoot At Caged/Staked Animals

Wisconsin man charged with shooting at caged/staked animals had his case dismissed after Attorney Nelson convinced the District Attorney that they could not meet their burden of proof.

Dismissed: OWI-2nd

Lakeville, MN driver had his OWI-2nd case dismissed after Attorney Nero convinced the District Attorney that he could not meet his burden of proof.

Dismissed: 2nd-Degree Sexual Assault

Spring Valley, WI man had his 2nd-Degree sexual assault charge dismissed after Attorney Nelson filed numerous pretrial motions which helped to convince the District Attorney that they could not meet their burden of proof.

Dismissed: OWI-1st

Beldenville, WI, driver had his OWI-1st case dismissed after Attorney Nero convinced the District Attorney that they could not meet their burden of proof due to issues with the arresting officer’s credibility.

Reduced: OWI-1st To Reckless Driving

Foreign Exchange college student had his OWI-1st charge amended to a Reckless Driving after Attorney Nelson convinced the City Attorney that the defense would either win the trial or win the appeal of a decision regarding police investigation.

Reduced: OWI-1st To Reckless Driving

Menomonie, WI, driver had his OWI-1st charge amended to a Reckless Driving after Attorney Nero convinced the prosecutor that the traffic stop was unlawful.

Dismissed: Homicide By Negligent Operation Of Motor Vehicle

Minnesota woman had her homicide by negligent operation of a motor vehicle charge dismissed after Attorney Nero successfully litigated pretrial issues and convinced an Assistant Attorney General that they could not meet their burden of proof.

Dismissed: Sexual Intercourse With A Child, Strangulation And Suffocation

New Richmond, WI, man had his felony charges dismissed and entered into a Deferred Judgment of Conviction on two misdemeanor charges after Attorney Nelson convinced the prosecution they could not meet their burden.

Reduced: OWI-3rd To Disorderly Conduct

River Falls, WI, man had his OWI-3rd charge amended to Disorderly Conduct after Attorney Nelson convinced the prosecutor that he could not meet his burden after his cross-examination of the arresting officer.

Reduced: OWI-1st To Reckless Driving

Somerset, WI, driver had his OWI-1st charge amended to a Reckless Driving after Attorney Nelson convinced the prosecutor that he could not meet his burden because his client did not have a prohibited alcohol concentration at the time of driving.

Reduced: 2nd Degree Sexual Assault To Disorderly Conduct

Wyoming man charged with four counts of 2nd Degree Sexual Assault has charges amended to one count of Disorderly Conduct with the possibility of expungement after two years after convincing the Prosecution the Defense would win the trial.

Reduced Charge: Felony Theft To Disorderly Conduct

Hager City, WI woman had her felony theft charges amended to a County Ordinance violation after Attorney Nelson convinced the District Attorney that they could not meet their burden of proof.

Dismissed: 1st Degree Child Sexual Assault

Waxahachie, TX man had his 1st-degree child sexual assault charge dismissed on the eve of trial after Attorney Nelson convinced the District Attorney that they could not meet their burden of proof.

Dismissed: ATV/UTV Intoxicated Operation and Careless Operation Of ATV/UTV

Turtle Lake, WI driver had his intoxicated operation of an ATV/UTV and careless operation of an ATV/UTV charges dismissed.

Reduced Charge: OWI-2nd To Reckless Driving

Woodville, WI driver had his OWI-2nd charge amended to a Reckless Driving after Attorney Nero convinced the Assistant District Attorney that they could not meet their burden of proof.

Reduced Charge: OWI-2nd To Reckless Driving

Withee, WI driver had his OWI-2nd charge amended to a Reckless Driving after Attorney Nero convinced the Assistant District Attorney that they could not meet their burden of proof.

Reduced Charge: Disorderly Conduct To County Ordinance

Solon, IA man had his Disorderly Conduct charge amended to a County Ordinance violation after Attorney Nero convinced the Assistant District Attorney that they could not meet their burden of proof.

Dismissed: 2nd Degree Reckless Homicide

Weyerhaeuser, WI, man charged with 2nd Degree Reckless Homicide has his case dismissed after Attorney Nelson convinced the prosecutor that they could not meet their burden of proof. (Rusk County)

Dismissed: Battery, Disorderly Conduct And Negligent Handling Of A Weapon

Arden Hills, MN, woman charged with misdemeanor battery, disorderly conduct, and negligent handling of a weapon had her case dismissed after Attorney Nelson convinced the District Attorney that they could not meet their burden of proof. (St. Croix County)

Reduced Charge: 2nd Degree Sexual Assault To Disorderly Conduct

Woodville, WI, man charged with four counts of 2nd Degree Sexual Assault has charges amended to one count of Disorderly Conduct with the possibility of expungement after two years. (St. Croix County)

Reduced Charge: OWI-1st to Reckless Driving

Foreign Exchange college student had his OWI-1st charge amended to a Reckless Driving after Attorney Nelson convinced the City Attorney that the defense would either win the trial or win the appeal of a decision regarding police investigation. (Dunn County)

Dismissed: Sexual Intercourse With A Child, Strangulation And Suffocation

New Richmond, WI, man had his felony charges dismissed and entered into a Deferred Judgment of Conviction on two misdemeanor charges after Attorney Nelson convinced the prosecution they could not meet their burden. (St. Croix County)

Reduced Charge: OWI-3rd To Disorderly Conduct

River Falls, WI, driver had his OWI-3rd charge amended to Disorderly Conduct after Attorney Nelson convinced the prosecutor that he could not meet his burden after reviewing the squad cam. (Polk County)

Reduced Charge: OWI-1st To Reckless Driving

Somerset, WI, driver had his OWI-1st charge amended to a Reckless Driving after Attorney Nelson convinced the prosecutor that he could not meet his burden because his client did not have a prohibited alcohol concentration at the time of driving. (St. Croix County)

Reduced Charge: OWI-3rd To Disorderly Conduct

Somerset, WI, driver had his OWI-3rd charge amended to Disorderly Conduct after Attorney Nelson convinced the prosecutor that she could not meet her burden. (St. Croix County)

Dismissed: OWI-4th

After several filings of charges and re-filing of charges, a Somerset, WI, driver finally had her OWI-4th charge dismissed after Attorney Nelson convinced the prosecutor that she could not meet her burden. (St. Croix County)

Reduced Charge: OWI-1st To Reckless Driving

Minneapolis, MN, driver had his municipal OWI-1st amended to a Reckless Driving after Attorney Nelson moved the cases to Circuit Court and convinced the prosecutor that the EC/IR-II test result was taken in violation of the 20-minute observation requirement and, therefore, he could not meet his burden. (Burnett County)

Reduced Charge: OWI-1st To Reckless Driving

Chippewa Falls, WI, driver had his municipal OWI-1st amended to a Reckless Driving after Attorney Nelson convinced the prosecutor that he could not meet his burden. (Village of Turtle Lake)

Reduced Charge: OWI-1st To Reckless Driving

Hager City, WI, driver had his municipal OWI-1st amended to a Reckless Driving after Attorney Nelson moved the cases to Circuit Court and convinced the prosecutor that he could not meet his burden. (St. Croix County)

Dismissed: Felony Burglary Of Dwelling And Misdemeanor Theft

River Falls, WI, woman charged with felony Burglary of Dwelling and misdemeanor Theft had her charges dismissed after Attorney Nelson convinced the prosecutor he could not meet his burden of proof. (St. Croix County)

Dismissed: Felony Possession Of Methamphetamine, Felon In Possession Of A Firearm, And Possession Of Drug Paraphernalia

Elk Mound, WI, man charged with felony Possession of Methamphetamine, Felon in Possession of a Firearm, and Possession of Drug Paraphernalia had his charges dismissed after Attorney Nelson convinced the prosecutor that the arresting office did not have probable cause for the detention, search, and subsequent arrest. (Dunn County)

Dismissed: 2nd Degree Recklessly Endangering Safety

New Richmond, WI, man charged with Operate Firearm While Intoxicated had had this charge amended to a misdemeanor charge of Disorderly Conduct and his other felony charge of 2nd Degree Recklessly Endangering Safety dismissed after Attorney Nelson convinced the prosecutor that our client was innocent of the felony charge and was otherwise not a danger. (St. Croix County)

Reduced Charge: OWI-1st To Reckless Driving

Ellsworth, WI, driver had his OWI-1st amended to a Reckless Driving after Attorney Nelson convinced the prosecutor that he could not meet his burden. (Pierce County)

Dismissed: OWI-Homicide

Hammond, WI, woman charged with Homicide by Intoxicated Use of a Vehicle had the criminal charges case dismissed after Attorney Nelson worked with an accident reconstruction expert who helped convince the prosecutor that his client was not at fault for the tragic accident. (St. Croix County)

Dismissed: Possession With Intent To Deliver THC and Maintaining Drug Residence As A Party To A Crime

New Richmond, WI, man charged with Possession with Intent to Deliver THC and Maintaining Drug Residence as a Party to a Crime had his case dismissed the week before trial after Attorney Nelson raised doubts about whether the drugs belonged to someone else. (St. Croix County)

Dismissed: Possession With Intent To Deliver Drug Paraphernalia

New Richmond, WI, woman charged with Possession with Intent to Deliver Drug Paraphernalia had her case dismissed after Attorney Nelson filed a Motion to Dismiss because there was no probable cause to support the charges against her. (St. Croix County)

Reduced Charge: OWI-1st To Reckless Driving

Duluth, WI, driver had her OWI-1st amended to a Reckless Driving after Attorney Nelson convinced the City Attorney’s office that the video evidence of his client supported her story of innocence, and the BAC testing would not meet the burden. (City of Sparta)

Dismissed: Riding Illegally On Vehicle

Osceola, WI, girl charged with Riding Illegally on Vehicle had her case dismissed. (City of New Richmond)

Reduced Charge: OWI-1st To Inattentive Driving

Osceola, WI, driver had his OWI-1st amended to an Reckless Driving on the morning or the jury trial. (Waupaca County)

Dismissed: 3rd And 4th Degree Sexual Assault

Duluth, MN, man charged with 3rd and 4th Degree Sexual Assault had his charges dismissed after Attorney Nelson convinced the Assistant District Attorney that the State could not meet its burden. (Douglas County)

Reduced Charge: OWI-1st To Inattentive Driving

Clear Lake, WI, man had his OWI-1st amended to an Inattentive Driving after Attorney Nelson convinced the District Attorney’s office that the Judge would grant Attorney Nelson’s Motion to Suppress evidence. (Polk County)

Dismissed: Possession With Intent To Deliver LSD, Possession Of Methamphetamine And THC

Minnesota college student (who attended Summer Set Music Festival in Somerset, Wisconsin) was charged with Possession with Intent to Deliver LSD, Possession of Methamphetamine and THC. The State was forced to dismiss this case after Attorney Nelson successful argued that the out-of-state security on duty at the Summer Set Music Festival (hired by law enforcement agencies) were acting as agents of the State in their quasi law enforcement efforts at the concert and violated his client’s 4th Amendment rights against unreasonable searches and seizures. (St. Croix County)

Dismissed: OWI-4th

Osceola, WI, driver had his OWI-3rd charges dismissed after Attorney Nelson first reduced it from a 4th to a 3rd, then got the companion drug charges dismissed, then finally convinced the District Attorney that because client had prescription for medicine and was sleep-deprived, the State would not be able to provide beyond a reasonable doubt that he was “under the influence.” (St. Croix County)

Reduced Charges: OWI-1st To Reckless Driving

Lakeland, MN, driver had his OWI-1st amended to a Reckless Driving mid-way through a court trial after Attorney Nelson convinced the Judge to disregard the breath test results due to the officer’s failure to complete the 20-minute observation period. (St. Croix County)

Reduced Charge: OWI-1st To Reckless Driving

Houlton, WI, driver had his OWI-1st amended to a Reckless Driving after Attorney Nelson convinced the City Attorney’s office that the blood test results were inadmissible. (Village of Baldwin)

Dismissed: Possession With Intent To Deliver Drug Paraphernalia

New Richmond, WI, man charged with Possession with Intent to Deliver Drug Paraphernalia had her case dismissed after Attorney Nelson filed a Motion to Dismiss and the judge granted his motion since there was no probable cause to support the charges against her. (St. Croix County)

Reduced Charge: OWI-1st To Disorderly Conduct With Motor Vehicle

Hudson, WI, driver had his OWI-1st amended to county ordinance violation of Disorderly Conduct with a Motor Vehicle after Attorney Nelson convinced the District Attorney’s office that the breath test would not be admissible and the State couldn’t meet their burden even if it was admissible. (St. Croix County)

Dismissed: Tribal Court

Hayward, WI, man had his case dismissed by the Lac Courte Oreilles Tribal Judge after Attorney Nelson persuaded the judge that the plaintiff had not proven his case. (Lac Courte Oreilles Tribal Court)

Reduced Charge: OWI-1st To Inattentive Driving

Frederic, WI, man had his OWI-1st amended to an Inattentive Driving after Attorney Nelson convinced the District Attorney’s office that the blood test results were inadmissible. (Burnett County)

Dismissed: OWI-1st And Failure To Keep Vehicle Under Control

Hudson, WI, driver has his OWI-1st and Failure to Keep Vehicle Under Control cases dismissed on the morning of trial after Attorney Nelson successfully convinced the District Attorney’s Office that his client drank alcohol after the accident at home before the police arrived. (St. Croix County)

Reduced Charge: OWI-1st To Reckless Driving

Chanhassen, MN, driver had his OWI-1st charge amended to Reckless Driving after Attorney Nelson convinced the District Attorney’s office that they could not prove the time of driving nor whether the driver was under the influence. (Burnett County)

Dismissed: Felony Murder

Hayward, WI, man has his felony Murder charges dismissed one week before the scheduled jury trial after Attorney Nelson convinced the District Attorney that the government could not meet its burden in this case. (Sawyer County)

No Charges Filed: Battery And Disorderly Conduct

New Brighton, MN, man was arrested for Battery and Disorderly Conduct. Attorney Nelson convinced the District Attorney not to file any charges against him. (Polk County)

Dismissed: Failure To Keep Tags While Using Dogs To Hunt Bear

New Richmond, WI, man charged with Failure to Keep Tags While Using Dogs to Hunt Bear had his case dismissed after Attorney Nelson convinced the District Attorney on the eve of trial that the State could not meet their burden of proof at trial. (Bayfield County)

Reduced Charges: OWI-1st To Reckless Driving

Brooklyn Center, MN, driver had her OWI-1st charge amended to Reckless Driving after Attorney Nelson filed a motion to dismiss her refusal due to law enforcements use of an outdated Informing the Accused form. (Village of Cameron)

Reduced Charges: Misdemeanor Disorderly Conduct To County Ordinance

Clear Lake, WI, man charged with a misdemeanor Disorderly conduct has his charges reduced to a County Ordinance violation. (Polk County)

Reduced Charges: OWI-2nd To Reckless Driving

Weyerhaeuser, WI, driver had his OWI-2nd charge amended to Reckless Driving after Attorney Nelson convinced the State that they would have difficulty proving the element of operation and they could not prove that the breath test was not taken within three hours from the time of the “operation.” (Barron County)

Reduced Charges: Felony Charges To Misdemeanor Charges

Ellsworth, WI, man charged with felony charges of 1st Degree Intentional Homicide-Unborn Child, Aggravated Battery-Unborn Child, and misdemeanor charge of Battery had his charges amended to misdemeanors with the possibility for expungement upon successful completion of his probation. (Pierce County)

Dismissed: Sale Or Manufacture Of Drug Paraphernalia

Agreement reached and charged against a Hudson, WI, business man dropped after Attorney Nelson convinced the City Attorney to dismiss the case because they would not convince a jury that the glass pipes in questions were actually “drug paraphernalia.” (City of Hudson)

Reduced Charges: OWI-1st To Reckless Driving

Clear Lake, WI, driver had her OWI-1st charge amended to Reckless Driving after Attorney Nelson convinced the City Attorney’s office that the blood test results were not reliable. (Village of Woodville)

Reduced Charges: Misdemeanor Disorderly Conduct To County Ordinance

Amery, WI, men both charged with a misdemeanor charge of Disorderly Conduct had charges reduced to ordinance violations, for which they then entered into a Deferred Prosecution Agreement. (Polk County)

Reduced Charges: Misdemeanor Disorderly Conduct To County Ordinance

Edina, MN, men charged with a misdemeanor charge of Disorderly Conduct had charges reduced to a county ordinance violation with the age-eligible man’s ordinance being expunged. (Polk County)

Reduced Charges: Felony Charges To Misdemeanor Charges

Savage, MN, man charged with two felony counts of Manufacture/Deliver THC was amended to one misdemeanor charge of Possession of THC with expungement upon successful completion of probation. (Dunn County)

Reduced Charges: OWI-1st To Reckless Driving

New Richmond, WI, driver had his OWI-1st charge amended to Reckless Driving after Attorney Nelson convinced the District Attorney that they could not meet their burden of proof. (St. Croix County)

Reduced Charges: Sexual Intercourse With A Child To Disorderly Conduct

Spring Valley, WI, man charged with misdemeanor charge of Sexual Intercourse with a Child was amended to a county ordinance violation of Disorderly Conduct. (Pierce County)

Dismissed: Felony Perjury

Frederic, WI, woman charged with felony Perjury had her case dismissed by the Judge at the preliminary examination after Attorney Nelson convinced the Judge that the State had not met their burden of proof. (Polk County)

3 Felony charges of Repeated Sexual Assault of a Child (including 3 other felony charges), reduced to two misdemeanor charges 4th Degree Sexual Assault: Frederic, WI, man had his 3 felony charges of Repeated Sexual Assault of a Child (including 3 other felony charges) reduced to 2 counts of 4th Degree Sexual Assault after Attorney Nelson convinced the District Attorney’s office that the alleged victim’s statements continually contradicted themselves and she was so unreliable that a jury would not believe her beyond a reasonable doubt. (2013)

Injunction Denied and Dismissed: Hammond, WI, man had an Injunction denied and dismissed after Attorney Nelson appealed a Court Commissioner earlier ruling convinced the Judge that the petitioner had not met her burden of proof. (2013)

OWI-2nd reduced to OWI-1st: Mondovi, WI, driver had her OWI-2nd charge reduced to an OWI-1st after Attorney Nelson convinced the District Attorney’s office that the incident was outside the counting period for prior convictions. (2013)

OWI-1st amended to Reckless Driving: Mondovi, WI, driver had his OWI-1st charge amended to Reckless Driving after Attorney Nelson convinced the District Attorney’s office that the blood test results showed that the prescription drugs in the driver’s blood was within the prescribed amount and would not have impacted the driver’s ability to safely operate a motor vehicle. (2013)

OWI-1st amended to Reckless Driving: Iowa driver had his OWI charge amended to Reckless Driving on the eve of jury trial. (2012)

OWI-1st amended to Failure to Stop at Stop Sign: Woodville, WI, driver charged with OWI-1st plead to an amended charge of Failure to Stop at Stop Sign after defense filed a motion in limine precluding the government from admitting the breath test into evidence. (2012)

OWI-1st with Refusal amended to Inattentive Driving: Hudson, WI, veteran of the Navy who was physically unable to complete an intoximeter test had his “refusal” dismissed after expert testimony from Mary McMurray along with testimony from this treating physician. After winning the Refusal Hearing, the OWI was then amended to Reckless Driving (2012)

OWI-1st amended to Inattentive Driving: Frederick, WI driver had his OWI-1st amended to Inattentive Driving after prolonged negotiations with the government which included discussion of client’s successful completion of the Standardized Field Sobriety Tests. (2012)

Judge Orders New Jury Trial in OWI-1st case: Baldwin, WI, driver charged with OWI-1st. After a two-day jury trial and a finding of “not guilty” to PAC but “guilty” to OWI, the judge set aside the jury’s verdict ordered a new trial based on the interests of justice. Then, prior to the second trial, the intoximeter test result was suppressed and the government amended the charge to Inattentive Driving. (2012)

OWI-1st Amended to Reckless Driving: New Richmond, WI, driver charged with OWI-1st accepted an offer to plead to an amended charge of Reckless Driving after defense filed a motion in limine precluding the government from admitting the breath test into evidence at trial due to law enforcements use of an outdated Informing the Accused form. (2012)

OWI-3rd amended to OWI-1st: Deer Park, WI, driver charged with Operating While Under the Influence – 3rd offense. After successful attacking an OWI conviction in Wyoming and an OWI conviction in Amery Municipal Court, the Government was forced to amend the charge to an OWI-1st. (2012)

OWI-1st amended to Inattentive Driving: New Richmond, WI, driver charged with Operating While Under the Influence. After a Motion Hearing wherein Judge Nemec agreed to suppress the chemical test in this case, the City Attorney agreed to amend the charge to Inattentive Driving with a Motor Vehicle rather than continue with the case. (2012)

Dismissed charge of Possession of THC: New Richmond, WI, woman charged with Possession of THC case was originally heard in New Richmond Municipal Court where the municipal judge erroneously found her client guilty of Possession of THC, despite the test results showing that the substance seized at the incident was not THC or any drug. Attorney Nelson appealed this decision to the St. Croix County Circuit Court and the Circuit Court judge dismissed the charges. (2011)

OWI-1st amended to Reckless Driving: Ellsworth, WI, driver charged with Operating While Under the Influence. After appearing at the DOT Administrative Suspension Review hearing, the examiner agreed that the one or more of the tests were not administered according to the law. Thereafter, the City Attorney agreed to amend the charge to Reckless Driving rather than continue with the case. (2011)

OWI-1st amended to Disorderly Conduct with a Motor Vehicle: Maple Grove, MN, driver charged with Operating While Under the Influence. During a Motion Hearing, the Assistant District Attorney agreed to amend the charge to Disorderly Conduct with a Motor Vehicle rather than continue with the hearing and case. (2011)

Dismissed charge of OWI-1st: Eau Claire, WI, driver charged with OWI-1st. Case was originally heard in River Falls Municipal Court where the municipal judge found client guilty of OWI-1st. Attorney Nelson appealed this decision to the Pierce County Circuit Court and the Circuit Court judge granted our motion to suppress resulting in the OWI charge being dismissed. (2011)

OWI-1st Amended to Inattentive Driving: Osceola, WI, driver charged with OWI-1st accepted an offer to plead to an amended charge of Inattentive Driving after defense filed a motion in limine precluding the government from admitting the breath test into evidence at trial due to law enforcements use of an outdated Informing the Accused form. (2011)

OWI-1st Amended to Inattentive Driving: Clayton, WI, driver charged with OWI-1st accepted an offer to plead to an amended charge of Inattentive Driving. The government agreed that the stop and arrest was constitutionally questionable since all the officer knew at the time of the arrest was that client was driving a vehicle that ended up in the ditch after leaving a bar. (2011)

OWI-1st Amended to Reckless Driving: Exeland, WI, driver charged with OWI-1st accepted an offer to plead to an amended charge of Reckless Driving after defense filed a motion in limine precluding the government from admitting the breath test into evidence at trial due to law enforcements use of an outdated Informing the Accused form. (2011)

Dismissed felony Perjury charges: Bloomer, WI, man charged with Perjury for testimony he gave at a motion hearing. After Attorney Nelson cross-examined the government’s only witness, the judge DISMISSED the case at the preliminary hearing. (2011)

Dismissed charge of OWI-1st (Drugs): Madison, WI, student charged with Operating While Under the Influence of a Controlled Substance. During the Motion to Suppress hearing, the Assistant District Attorney agreed to amend the charge to Speeding rather than continue with the hearing and case. (2011)

Dismissed charge of Unsafe Lane Deviation: Stratford, WI, driver and over-the-road truck driver charged with Inattentive Driving. Less than two weeks before trial, the State amended the charge to Unsafe Lane Deviation. At trial, after Attorney Nelson cross-examined the government’s witness, the judge granted a directed verdict for the defense and DISMISSED all of the charges. (2011)

OWI-1st Amended to Inattentive Driving: Luck, WI, driver charged with OWI-1st accepted an offer to plead to an amended charge of Inattentive Driving after defense filed motions to suppress evidence. (2011)

Dismissed charge of Possess/Loan/Borrow Another’s License: The case against two Baldwin, WI, men individually charged with Possess/Loan/Borrow Another’s License was DISMISSED at trial after Attorney Nelson cross-examined the government’s witnesses and the judge agreed with our motion for a directed verdict and found both individuals NOT GUILTY. (2011)

Dismissed OWI-1st: Hopkins, MN, driver charged with OWI-1st has case dismissed after Attorney Nelson’s motion to suppress was granted when Court found that the arresting police officer lacked probable cause to administer the preliminary breath test (“PBT”), resulting in a lack of probable cause to arrest. (2010)

Dismissed OWI-2nd: Frederic, WI, driver charged with OWI-2nd has charges reduced to a non-criminal Reckless Driving during Attorney Nelson’s requested a motion hearing in front of Judge Gale Wyrick. (2010)

Dismissed felony Sex with child Age 16 or Older: Menomonie, WI, woman charged with having sex with a 16-year-old boy. At trial, after all of the testimony was received, Dunn County Judge Smeltzer granted my requested for a directed verdict and DISMISSED the case. (2010)

Dismissed felony Perjury charges: Ellsworth, WI, man charged with Perjury when for testimony he gave at co-defendant’s trial, which resulted in co-defendant being found NOT GUILTY. Pierce County Judge Wing granted my motion to DISMISS the case. (2010)

Hung Jury in felony Burglary Charges: River Falls, WI, man charged with Burglarizing a River Falls home after he was found in possession of stolen property was not convicted when the jury could not unanimously agree resulting in a HUNG JURY in Pierce County. (2010)

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Dismissed OWI-1: Somerset, WI, driver charged with Drunk Driving (OWI, PAC, OUI, DUI) has case DISMISSED after Attorney Nelson gets all evidence suppressed based on the police officer illegal seizure of her vehicle. (2009)

Statements Suppressed: Illinois man was charged with two counts of Felony Robbery with Threat of Force and Armed Robbery. Attorney Nelson successfully argued to suppress statements of the client. In addition, Attorney Nelson filed Motions in Limine suppressing DNA evidence, which when GRANTED by the Court in St. Croix County, resulted in the trial being postponed and the client being released from jail. (2009)

Dismissed OWI-1st: Amery, WI, driver was charged with Operating While Under the Influence (1st) after he was in a motorcycle accident in Houlton involving no other vehicles. At the time of the arrest, client was unconscious due to his injuries from the accident. Attorney Nelson successfully argued that the arrest was unlawful and case was DISMISSED by a St. Croix County Judge. (2009)

Dismissed: Amery, WI, man charged with possession of child pornography has case dismissed after Aaron Nelson’s closing argument to the Judge; rather than respond, the government (Polk County DA) chose to dismiss. (2006)