Brabazon Law Office LLC Green Bay, WI  
The Brabazon Family  
 

Success Stories

Perhaps the best way of understanding the benefit of hiring an experienced Attorney from Brabazon Law Office, LLC is by reading about some of the more dramatic results we have been able to achieve for our clients.

Read the following stories to see why choosing the Green Bay Attorney’s at Brabazon Law Office, LLC was the right choice for some of our previous clients.

DUI, OWI & DWICRIMINALSEXUAL ASSAULTTRAFFIC OFFENSESBATTERY AND DISORDERLY CONDUCTDRUG OFFENSESPERSONAL INJURY • WORKERS COMPENSATION • IMMIGRATION • BUSINESS AND CORPORATE

DUI, OWI & DWI

 

PROBLEM: Client is pulled over after leaving a Walgreen's parking lot after closing hours. City of Green Bay Police officer testifies he pulled the Client's vehicle over because he ran the license plate and the vehicle was not properly registered. Client is charged with his second OWI, facing 6 months in jail, up to a $2,000 fine and an 18 month drivers license revocation.

RESULT: After significant investigation, Attorney Brabazon uncovers a document which demonstrates the officer ran the plates AFTER he pulled the Client's vehicle over. The Judge was very upset with the Officer's misleading testimony.
                                             Case DISMISSED!

PROBLEM: Client is pulled over for having an obstruction hanging from her rear view mirror. Attorney Brabazon files a motion to dismiss for lack of probable cause.

RESULT: Through zealous cross-examination, Attorney Brabazon demonstrates the Officer was unable to see any obstruction from the distance he testified to.
                The OWI, refusal and citations are all DISMISSED!!


PROBLEM: Client was having a few drinks with dinner. During his drive home, an overzealous officer decides to pull client over for having a defective license plate light. Officer smells some alcohol and asks the
client to step out of the vehicle. Officer has client perform some balancing tests, which client fails. Client is arrested for OWI, despite no bad driving, no bloodshot eyes, and no slurred speech or other signs of impairment.

RESULT: Attorney Brabazon files a motion to dismiss the case on the grounds the officer violated client's constitutional rights by asking the client to perform field sobriety tests. Evidence Suppressed.
                                             Case DISMISSED!

PROBLEM: Client is faced with his 5th Offense Operating While Intoxicated and Operating with a Prohibited Alcohol Concentration. Client is a business owner and sole provider for his family.

RESULT: After thorough investigation, we determine that the State's eyewitness never saw our client driving.
                                             Case DISMISSED!

PROBLEM: Client stops at a local park in the early morning hours to reflect on issues he is facing. An officer is in the parking lot filing out paperwork approaches the client. After talking to our client, the officer is concerned he may be impaired. Officer has client perform field sobriety tests and administers a P.B.T and is subsequently arrested and charged for OWI 3rd.

RESULT: We file a motion to dismiss based on the fact that the officer never had reasonable suspicion that our client was doing anything wrong. After a lengthy motion hearing, where the police officer had to explain his actions, the Judge agrees with us.
                                             Case DISMISSED!

PROBLEM: Former client (he entered a plea of guilty to his first OWI and promised he would never drink and drive again) was charged with his 2nd OWI. It was his second offense in less than five years, which results in a loss of any occupational driving permit privileges for 12 months! Being the only traveling salesman for his small business, both he and his business were going to be devastated if he was unable to obtain an occupational driving permit.

RESULT: We were able to enter a plea of no contest, but stay the finding of guilt for several months until the five year period passed. Client served 15 days in jail (actually at home on the electronic monitor). That is less than the statutory maximum (180 days) and less than the guidelines (30 days). Most importantly, client was able to maintain his living by keeping his occupational permit the entire time his regular license was revoked.

PROBLEM: Client from Minnesota was stopped for OWI 1st. Facing a 9 month revocation, $803 fine (with court costs) Alcohol and Drug Assessment.

RESULT: Through plea negotiations with the prosecuting attorney, we were able to get the OWI dismissed while entering a plea of no contest to the Prohibited Alcohol Concentration (.08-.099) charge. This little known plea arrangement resulted in our Client paying a $250 fine (no court costs), serving only a 6 month revocation (minimum) and she was not required to undergo an alcohol assessment (saving nearly $200 and countless hours in treatment, classes or aftercare programs).

PROBLEM: Client in Oconto County was charged with his third OWI. He was facing the following minimum and maximum penalties:

 
Minimum
Maximum
Fine (With Costs)
$1168.00
$8900.00
Revocation
24 Months
36 Months
Jail
30 Days
12 Months


RESULT: Upon review of our client's traffic history, we were able to determine that his second OWI conviction was constitutionally invalid. As a result, we were able to void his 2nd OWI conviction. Realizing that his first conviction was more than ten years ago, this third offense now became his 1st offense. He was found guilty of a non-criminal ordinance violation. He served no jail, was given a $753 fine (including court costs) and nine month license revocation.

PROBLEM: Client was charged with an OWI 5th (a felony), facing the following minimum and maximum penalties:

 
Minimum
Maximum
Fine (With Costs)
$1168.00
$8900.00
Revocation
24 Months
36 Months
Jail
6 Months (Jail)
6 Years (Prison)

     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! Needless to say, Brabazon Law Office takes felony cases extremely serious.

RESULT: Upon review of our client's traffic history, we were able to determine that one of his prior OWI convictions was constitutionally invalid. As a result, we were able to void one of his prior OWI convictions. Client was convicted of his 4th OWI (a misdemeanor). We were also able to use our client's medical records to convince the judge to sentence our client to just 60 days in jail, the absolute minimum. The judge also authorized that the jail could allow the client to serve the jail sentence at home on the electronic monitor.

PROBLEM: Client was charged with an OWI 5th (a felony), facing the following minimum and maximum penalties:

 
Minimum
Maximum
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 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 in a conviction for his 3rd OWI (a misdemeanor). 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.

PROBLEM: Client was pulled over because her headlamp was burned out. The officer had her perform Field Sobriety Tests which she passed. The officer then had her submit to a breathalyzer. Based on the result from the breathalyzer, our client was arrested and charged with an OWI 2nd.

RESULT: We filed a motion alleging the officer lacked probable cause to arrest our client. Because the officer did not offer her the option of taking the breathalyzer, the Court determined forcing her to submit to the test violated her rights.
                                             Case DISMISSED!

PROBLEM: Client was charged with OWI causing homicide. Facing penalties of forty years in prison, $100,000 in fines.

RESULT: We were able to convince a Jury that the use of alcohol was not a factor in the accident, rather, it was our client's negligence that was the cause of the fatality. Our client was elated that we reduced his exposure from 40 years to 10 years, especially when at sentencing, the Judge grumbled 'I wish I had more time to give you'. Our efforts made the front page of the local newspaper. More importantly, we had a significant impact on the quality of our client's life.

PROBLEM: Client was pulled over for driving onto the curb. After conducting Field Sobriety Tests and administering a breathalyzer, client was arrested for Operating a Motor Vehicle while Intoxicated and Operating with a Prohibited Alcohol concentration. Her blood was taken and the result showed .083 BAC.

RESULT: At a jury trial, we used the State's own expert to show the Jury that our client's blood at the time she was driving was below a .08. Jury verdict: NOT GUILTY! on both counts. There is nothing more satisfying than winning a case with the State's own expert.

PROBLEM: Client has a few drinks after work with her co-workers. On her way home she is involved in an accident with another vehicle. A passenger in the other vehicle is injured. Our client is charged with an OWI causing Injury. She is facing between 30 days and 12 months in jail.

RESULT: By attacking the extent of the injury , we are able to convince the District Attorney to reduce the charge to an OWI 1st (non-criminal) with a fine and a six (6) month revocation.

PROBLEM: Client calls his girlfriend to pick him up from his vehicle as he had driven off the road earlier in the evening. While waiting, an officer drives up and realizes our client had been drinking. Client is arrested for OWI.

RESULT: At the trial we are able to convince the Jury that the officer failed to conduct a proper investigation and that the State failed to prove beyond a reasonable doubt that our client was driving or operating a motor vehicle. NOT GUILTY on all counts.

PROBLEM: Client arrested for Operating While Intoxicated and Operating with Prohibited Alcohol Concentration. After investigation, pushed the case to trial based on a Blood Alcohol Curve defense, arguing that the Client's blood was below the legal limit at the time of driving, although it may have risen above the limit at the time of the blood test. After investigation and discovery was complete, we moved the Court to Dismiss the charges after the District Attorney's office failed to comply with statutory requirements regarding their expert's report.

RESULT: The Court DISMISSED the Operating While Intoxicated and Operating with Prohibited Alcohol Concentration charges per our Motion.

PROBLEM: Client arrested for Operating While Intoxicated and Operating with Prohibited Alcohol Concentration. He was also charged with Refusal to take a blood test during his arrest, which increased the potential penalties he faced. After thorough investigation, we discovered that the arresting officer provided him false information prior to the blood draw, which in turn lead to him refusing to take the test.

RESULT: After thorough research regarding the law surrounding blood draws and much time negotiating with the District Attorney's office, the Refusal Charge was dismissed. As a result, the client's ultimate sentence was decreased by nearly 100 days in jail and nearly $1,500.00 in fines.

PROBLEM: Client was arrested for his 2nd OWI. At the scene, the officer observed a slight odor of intoxicants. The officer administered Standardized Field Sobriety Tests.

RESULT: Attorney Brabazon challenged the officer’s probable cause to arrest the client. At the motion hearing, it was clear the officer did not properly administer the Field Sobriety Tests. Court agrees the officer’s lack of understanding of how to properly administer Field Sobriety Tests undermines his arrest. Case DISMISSED!


PROBLEM: Client was arrested for his 2nd OWI.

RESULT: After obtaining the video from the officer’s squad, it was determined the officer improperly administered Standardized Field Sobriety Tests. Despite our client being over a .240 BAC, the court agreed with Attorney Brabazon that the officer did not know how to properly administer the tests, and as a result, the charges were DISMISSED!


PROBLEM: The same client above, less than two weeks later was stopped for drunk driving again.

RESULT: This time, Attorney Brabazon argued the officer violated his client’s Fourth Amendment rights when he approached our client in his garage. The Judge agreed and the drunk driving charges were DISMISSED


PROBLEM: 10/25/2010 - Client is charged with Party to a Crime of Battery and Disorderly Conduct.

RESULT: A thorough review of the discovery determined our client did not assist the true perpetrators. Our client was a victim of being in the wrong place at the wrong time. After pushing the case to trial, the prosecutor dismissed the case.


PROBLEM: Client has a pit bull mix. Police are at her house attempting to locate a "wanted" individual. While in the house, the police officer is bitten by the dog. The police allege the client commanded the animal to "Get him!" State charges our client with Second Degree Recklessly Endangering Safety (a felony). Client disputed the charge.

RESULT: During the jury trial, we were able to persuade the jury that the Officer's report was inconsistent with his testimony. After a brief deliberation the Jury decides NOT GUILTY!


TRAFFIC OFFENSES

PROBLEM: Client charged with Operating After Revocation (5th) as a Habitual Traffic Offender. His Habitual Traffic Offender Status resulted in him being ineligible to receive his driver's license for another five (5) years. On the OAR (5th) charge he was facing up to one (1) year in jail and further revocation of his license. After careful investigation we contacted many counties that he had received prior traffic citations to try and re-open those cases. The goal was to get his old citations dismissed, remove him from Habitual Traffic Offender Status, and get his driving privileges immediately reinstated.

RESULT: We re-opened and dismissed three (3) prior cases and he was removed from HTO status. As a result, we convinced the District Attorney's Office to DISMISS his Operating After Revocation (5th) charge through a Deferred Prosecution Agreement. The Client was able to both avoid criminal prosecution and get his license reinstated five (5) years before he thought he could!


BATTERY AND DISORDERLY CONDUCT

PROBLEM: Client gets into an argument with girlfriend one morning after she comes home intoxicated. Client gets charged with Misdemeanor Battery and Disorderly Conduct after girlfriend calls the police and informs them he punched her in the nose. Client adamantly denied any physical contact with her.

RESULT: After a thorough investigation of the facts and negotiations with the District Attorney, the Battery charge was DISMISSED and the Disorderly Conduct was amended to a civil ordinance violation. The client was required to pay a $200.00 fine plus court costs and avoided a criminal record.

PROBLEM: Client gets into argument with husband. Neighbors call the police and she is arrested and subsequently charged with criminal Battery and Disorderly Conduct.

RESULT: After careful investigation including interviews with witnesses, convinced the District Attorney to DISMISS the Battery charge, and hold-open the Disorderly Conduct charge on a Deferred Prosecution Agreement. After the client completed 6 months of Volunteers in Probation, her Disorderly Conduct charge was also DISMISSED.

PROBLEM: Client is charged with Battery, Criminal Damage to Property and Disorderly Conduct.

RESULT: We are able to convince the Jury that the victim was the instigator. The jury deliberated for only 17 minutes. NOT GUILTY!!

PROBLEM: Husband and wife are charged with Substantial Battery - Intend Bodily Harm as Party to a Crime, a Class I Felony. The husband and wife were entertaining some friends at their house prior to going out for the evening. One of the individuals started talking about confronting someone at the bar that evening because of some inappropriate conduct between this individual and his girlfriend. Later that evening the husband and wife and this individual go to a local bar for drinks. Upon arriving at the bar the individual gets into a physical altercation with the other individual. Husband and wife are charged as Party to a Crime.

RESULT: A Motion to Dismiss was filed based on lack of probable cause to arrest the husband and wife because they were not involved nor did they aid or abet the individual in the physical altercation. The District Attorney did not challenge the Motion to Dismiss. The judge granted the motion and the charges were DISMISSED.

PROBLEM: Client gets into an argument with his girlfriend outside of a local bar at closing time. The two argue and he leaves the area. His girlfriend's friend convinces her to go to the police and make a report that he punched her in the face. Client adamantly denies physically assaulting his girlfriend. Client is charged with Battery and Disorderly Conduct.

RESULT: After a thorough investigation and interviews with witnesses the case proceeds to jury trial based on the Battery charge. Jury found client NOT GUILTY of battery.

PROBLEM: Client was charged with Battery and Disorderly Conduct after an altercation with his brother. Client's brother was the primary aggressor and was under the influence of drugs and alcohol at the time of the altercation.

RESULT: After filing several pre-trial motions, including a motion to introduce the prior criminal convictions of the alleged victim, the day before trial, the Assistant District Attorney moved to DISMISS the case against client.

PROBLEM: Client was charged with Aggravated Battery - Intend Great Bodily Harm, a Class E Felony. Client was at a party at a friend's house when several males at the party started to discuss getting revenge on some other males who lived in neighborhood. Two of these males grabbed baseball bats and ran out of the apartment. After a few minutes client leaves the apartment to see what is happening. He sees the two males with baseball bats running across the parking lot and tells client that they just beat someone up. Client is charged because he was present at the apartment and in the parking lot after the assault and witnesses allege that he was present when the victim was assaulted.

RESULT: After an independent investigation and review of numerous witness statements, many of whom were not credible and inconsistent, we are able to convince the Assistant District Attorney that there is insufficient evidence to prove client played any role in the assault. Case DISMISSED.

PROBLEM: Client was charged with Physical Abuse of a Child for using physical discipline to punish his 5 year old son. He was accused of using a belt as punishment.

RESULT: We were able to convince the State that the client did not physically discipline his child with the intent to cause him bodily harm or hurt him and obtain a Deferred Prosecution Agreement from the State. Under this Agreement the charges were dismissed upon the client's successful completion of a parenting class.

PROBLEM: Client was charged with Substantial Battery - Intend Great Bodily Harm and Disorderly Conduct after the victim alleged that client hit her over the head with a large screwdriver.

RESULT: An extensive investigation was conducted by a Private Investigator working for our client. We re-interviewed witnesses and located and interviewed several witnesses that were ignored by local law enforcement. We conducted the investigation the police should have conducted in the first place. Upon providing copies of these witness statements and a summary of our investigation to the Assistant District Attorney the charges were DISMISSED.


DRUG OFFENSES

PROBLEM: Client was charged with two counts of Delivery of Cocaine (>40g), a Class C Felony. The charges were based almost entirely on the statements of a co-defendant and very little physical evidence.

RESULT:We pushed the case to trial. The State requested an adjournment two days before the jury trial was scheduled to begin indicating that they needed more time to investigate. The Judge denied the State's request for an adjournment. The day before trial the State moved to DISMISS the case. The Judge granted the State's request. Case DISMISSED.

PROBLEM: After four (4) successful years on Extended Supervision and with only a few months to go, client is arrested for possessing and selling cocaine. His probation agent sought revocation of his supervision. If his supervision was revoked, he would have been sent to prison for seven (7) years. We diligently sought out affordable treatment programs in the Green Bay area and put together an "Alternative to Revocation" package for the agent's review. This was in an effort to convince her that what our client needed was treatment and NOT prison.

RESULT:Our client avoided revocation and prison time! The agent liked our package and agreed to help him enter a treatment program and remain on his period of supervision. He subsequently completed both his supervision and his treatment and is doing well.

PROBLEM: Client was charged with Delivery of Cocaine (1-5g), Delivery of THC (200-1000g), Delivery of Cocaine (5-15g), Delivery of THC (<=200), Possession with Intent to Deliver Cocaine (5-15g), Possession with Intent to Deliver THC (<=200g), Maintaining a Drug Trafficking Place and Possession of Paraphernalia.

RESULT:After many hours of negotiations with the Assistant District Attorney and an independent investigation into the alleged facts, four of the eight charges were DISMISSED. Instead of a lengthy prison sentence originally offered by the State, client received probation and 12 months jail with good time and Huber privileges.


PERSONAL INJURY

PROBLEM: Sixteen year old client is severely injured in a Semi-truck accident by a careless Truck Driver. His personal injury case is handled by Attorney Brabazon.

RESULT: After mediation, the case is settled for well over 2 million dollars! Thankfully, this young man has received compensation for his injuries that will assist him in returning his life to some level of normalcy. This strong-willed, young man's recovery is nothing short of miraculous. His continuing optimistic view of this tragedy, and his ability to overcome many physical obstacles that were put in front of him, through the fault of a careless truck driver, is completely inspirational. Brabazon Law Office is thankful to be able to assist him with his recovery.

PROBLEM: A young girl, who is an out of state resident, was severely injured while visiting relatives in northeast Wisconsin. The relatives’ insurance company did not make any offer to settle the case prior to suit.

RESULT: We worked with the young girl’s parents and their local counsel to secure a Court-approved settlement of $275,000.00 on behalf
of the young girl.


PROBLEM: A local woman was injured while walking her dog. Another dog attacked her dog, and when she stepped in to defend her dog, she was bitten.

RESULT: Within six months of our being retained to represent the injured woman, we had negotiated a favorable settlement with the other dog owner’s insurance company without the need to file suit.


SEXUAL ASSAULT

PROBLEM: 1-20-2011 - Client is charged with having sexual intercourse with a 13 year old girl and a 17 year old girl in the room.

RESULT: After thorough investigation, we find a witness that talked to the alleged victim. We attack the victim's testimony and credibility. Despite the fact that the State had two witnesses testifying the sexual activity took place, the Jury determines they are not credible and finds the defendant NOT GUILTY!!


PROBLEM: In a high profile case, Client was charged with Second Degree Sexual Assault of a Child, Abduction of a Child and Child Enticement in two different counties. He was facing over 100 years in prison and hundreds of thousands of dollars in fines.

RESULT: After a thorough investigation, it was determined that the young girl enticed the client, lied to him about her age and also lied about being the victim of parental abuse. After countless hours of negotiating, our client pled to a misdemeanor and received 100 hours of community service. The client was extremely happy with the result.


PROBLEM: The Defendant, while being represented by a different law firm, was convicted of Second Degree Sexual Assault at trial.

RESULT: The Court of Appeals overturned the guilty verdict due to the client’s first attorney being ineffective. The judge appointed Attorney Brabazon to represent the client on the new trial. A proper investigation was conducted, undermining the credibility of the victim. The case was DISMISSED before trial.


PROBLEM: The Defendant, an elderly gentleman from Manitowoc County was alleged to have sexually assaulted his granddaughter.

RESULT: A thorough investigation found numerous problems with the victim’s story. After a three day trial, the jury returned a verdict of NOT GUILTY on all counts.


PROBLEM: Client, an elderly man from Marathon County was charged with First Degree Sexual Assault of a Child.

RESULT: After a complete investigation of the victim and her medical and mental health records, a plea agreement was reached, whereby the client was not required to register as a sex offender and was placed on probation. No jail or prison.


PROBLEM: The Defendant, a young tree surgeon was being charged with inappropriately touching his girlfriend’s daughter

RESULT: The prosecutor brought witnesses who alleged our client admitted to the touching. A complete investigation brought several witnesses which attacked the credibility of the victim and her mother. Despite the “confessions” of our client, the jury returned a verdict of NOT GUILTY on all charges.


PROBLEM: The Defendant, legally deaf since a young age, was alleged to have sexually assaulted his niece. His ex-wife attempted to obtain a child abuse restraining order which would prevent our client from seeing his child for potentially several years.

RESULT: We got the restraining order DISMISSED. After several motion hearings, the criminal case proceeded to trial. After several days of testimony and evidence, including numerous witnesses to the strong character of our client the jury returned a verdict of NOT GUILTY!


BUSINESS AND CORPORATE

PROBLEM: A client who had been hired to snowplow and shovel an apartment complex was not being paid for his services, with outstanding invoices in excess of $10,000

RESULT: Our office filed a claim for lien to perfect the client’s lien against the complex, and he was paid in full two weeks later.


PROBLEM: A client needed assistance obtaining financing and purchasing an existing business.

RESULT: Our office stepped in and resolved all issues associated with the transaction, which closed after the client obtained the necessary financing. We also set up a corporation to operate the client’s new business.


PROBLEM: A real estate developer was unable to sell a spec home, and the owners of the development company faced significant money judgments when the bank which had financed construction called the Note due and filed suit.

RESULT: Our office was able to negotiate an extension of the loan with the bank, resulting in a dismissal of the pending lawsuit, and providing the client with additional time to sell the home or refinance.




Brabazon Law Office, LLC P.O. Box 11213 Green Bay, WI 54307-1213 Phone: (920) 494-1106 Fax: (920) 494-0501 E-Mail: brabazonlaw@msn.com

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