PROBLEM: Client was charged with an OWI 5th (a felony), facing the following minimum and maximum penalties:
Fine (with Costs) $1168.00 $8900.00
Revocation 24 months 36 months
Jail 6 months (jail) 6 years (prison)
As noted above, a Felony conviction also would result in the loss of our client’s right to vote, right to possess firearms and having to be classified as a felon for the rest of his life!
RESULT: Upon close and diligent review of our client’s prior convictions, we were able to determine that two of his prior OWI convictions were from another (Western) state nearly 10 years ago. By researching the laws of that state as they existed 10 years ago, we were able to determine that the laws of that state were significantly different than the laws in Wisconsin As a result, we were able to persuade the prosecuting attorney that those two convictions were void, thus resulting a conviction of his 3rd OWI (a misdemeanor). Needless to say, the Judge was not happy with the result. At sentencing the Judge admitted that he was prepared to send the client to prison, but because it was only his third conviction, he only gave him 120 days in jail (90 with good time) and work release privileges.