Practice Area:

Criminal & Drunk Driving Defense

Notable Cases

Below are descriptions of interesting cases I handled, with a short explanation of how they were resolved. The cases may be verified with the Clerk of Circuit Court of the relevant county.

SERIOUS FELONY DEFENSE

First Degree Intentional Homicide Att.Acquittal By Jury

Victim was found on ground with a slit accross throat and knife nearby. Client's DNA was on knife handle, and victim's DNA was on the blade. Utilizing medical experts, crime scene reconstruction experts, and intelligent trial strategy, client was found not guilty of this charge. Dane County Case 09 CF 792

First Degree Reckless Homicide Acquittal By Jury

Client was accused of causing the death of another person, drug related. Defense utilized experts and logic to convince the jury to vote NOT GUILTY after a four day trial. Case was won through extensive investigation, questioning of the State's scientific evidence, and impeachment of eyewitness. Dane County Case 06 CF 876.

Armed Robbery Reduced To Theft From Person

Was able to bring into question the identitification of client as perpetrator, forcing prosecutor to drastically reduce the charges in order to make an acceptable plea deal. Dane County Case 10 CF 200

Felony Battery To A Police Officer.

Case dismissed. This charge was dismissed and client plead to misdemeanors of which he was guilty. Sauk County Case 06 CF 87.

Felony Battery To A Police Officer.

Case dismissed. Defendant was a lawyer accused of accosting police officers. Case dismissed after lengthy battle with prosecutor. Iowa County Case 01 CF 104.

Possession of Child Pornography.

Case dismissed. Punched enough holes into the prosecutionís case that prosecutor moved to dismiss all charges just before jury trial. Dane County Case 02 CF 406.

DRUNK DRIVING DEFENSE

Dismissals:

Drunk driving 4th dismissed after motion hearing and appeal demonstrating client's 4th Amendment rights were violated by illegal arrest. Dane County Case 07 CT 4050.

Drunk driving 3rd dismissed after motion hearing and appeal demonstrating client's 4th Amendment rights were violated by illegal search. Fond Du Lac County Case 08 CT 643.

Drunk driving 4th dismissed after motion hearing demonstrating client's 4th Amendment rights were violated by illegal stop. Dane County Case 08 CT 1809.

Drunk driving 4th dismissed on prosecutorís motion. Convinced prosecution to dismiss the case after demonstrating holes in prosecution case. Dane County Case 02 CT 2535

Case dismissed after appeal of trial court ruling. Appellate court agreed with defense that the police violated constitutional rights, and suppressed the evidence. Dane County Case 05 CT 2173.

Case dismissed because of speedy trial violation. Dane County Case 2006 CT 1219.

Felony drunk driving Dismissed because when officer contacted client at residence, the officer placed his foot over the threshold, constituting an illegal entry without warrant. Dane County Case 04 CF 2050.

Successful Jury Trials

Drunk Driving 4th, DISMISSED AT TRIAL

Defense prevented prosecution from admitting crucial evidence at trial, rendering their case so weak the judge dismissed it and sent the jury home. Columbia County Case 09 CT 10.

Drunk Driving 4th, NOT GUILTY VERDICT

Client was reported to police while driving on the road. He was arrested at the scene of a bar. Jury was not convinced his driving was impaired, and was unsure how much client consumed at bar. Dane County Case 06 CT 443.

Drunk Driving Dropped After Hung Jury

Client was accused of 3rd offense drunk driving. Defense got the State's expert witness to agree with defense's version of alcohol curve, as well as discrediting the police officer through cross examination. Fond Du Lac County Case 07 CT 496.

Drunk Driving 2nd NOT GUILTY VERDICT

Client arrested when found by overturned motorcycle in the middle of the road. Client admitted to driving. Defense convinced the jury he was not driving, but rather just pushing his motorcycle. Jefferson County Case 08 CT 669.

Drunk Driving 3rd, NOT GUILTY VERDICT

When the officer stopped client's van nobody was in the driverís seat. Client admitted to driving and was arrested. Defense convinced the jury that it was a false confession. Jefferson County Case 02 CT 679.

Felony Drunk Driving Reduced To Misdemeanor By Jury Verdict

Client was accused of driving drunk with a child in the car. By convincing the jury there was no child in the car, the felony enhancer was dismissed. Winnebago County Case 08 CF 645.

Drunk Driving Reductions

  • Felony drunk driving reduced to a misdemeanor (Fond Du Lac County Case 09 CF 68)
  • Felony drunk driving reduced to misdemeanor (Washington County Case 05 CF 148);
  • Felony reduced to misdemeanor (Juneau County Case 08 CF 197);
  • Felony reduced to misdemeanor (Sauk County Case 05 CF 149);
  • Felony reduced to misdemeanor (Adams County Case 07 CF 28);
  • Felony reduced to misdemeanor (Sauk County Case 05 CF 232);
  • Felony reduced to misdemeanor (Grant County Case 04 CF 55);
  • Felony reduced to misdemeanor (Fond Du Lac County Case 04 CF 462);
  • Felony reduced to misdemeanor (Fond Du Lac County Case 04 CF 421);
  • Felony Reduced to misdemeanor (Richaland County Case 08 CF 6);
  • Felony reduced to misdemeanor (Green Lake County Case 08 CF 30);

  • 5th offense reduced to 2nd (Sauk County Case 03 CF 26);
  • 3rd offense reduced to Reckless Driving (Dane County Case 04 CT 2671);
  • 3rd offense reduced to Reckless Driving (Dane County Case 02 CT 1059)
  • 4th offense reduced to a 3rd offense (Sauk County Case 05 CT 416);
  • 4th offense reduced to 3rd (Rock County Case 07 CT 942);

  • Injury OWI reduced to civil violation (Columbia County 08 CT 274);
  • 3rd offense reduced to civil violation (Jefferson County Case 09 CT 270);
  • 4th offense reduced to civil violation (Fond du Lac County Case 02 CT 810);
  • 3rd offense reduced to civil violation (Columbia County Case 03 CT 202);
  • 3rd offense reduced to civil violation (Green County Case 02 CT 205);
  • 3rd offense reduced to civil violation (Juneau Co. Case 03 CT 22).

Appeals

WISCONSIN SUPREME COURT Case 2008 AP 000882-CR.

Argued case over issue of 4th Amendment law.

2nd District Court of Appeals Case 2009 AP 1077-CR.

Reversed trial judge on 4th Amendment issue.

4th District Court of Appeals Case 2009 AP 384-CR.

Reversed trial judge for illegal arrest.

4th District Court Of Appeals case 2005 AP 2060-CR.

Trial court denied Mr. Nelsonís motion seeking to reduce his criminal drunk driving case to a civil violation. Appeals court agreed with me and reversed the trial judge.

4th District Court Of Appeals case 2002 AP 533-CR.

Successfully reversed ruling of trial judge on technical issue concerning waiver of right to attorney.