KIRK OBEAR ATTORNEY AT LAW

603 South 8th Street, Sheboygan,  Wisconsin  920-395-2200  info@kirkobear.com

Wisconsin State Capitol
Casework Overview
 OWI, DUI, DWI, Drunk Driving, Marijuana, Drug Charges, Assault, Battery, Sex Offenses, Internet, Federal Cases

This page includes examples of many types of cases I have handled successfully- for more specific information on a particular charge, please go to the designated page in the navigation menu. 

DRUNK DRIVING, DWI, DUI, OWI  

I have had over 100 OWI charges amended or dismissed all over the state of Wisconsin- the following are specific examples: 

OWI Refusal

-Refusal dismissed and first offense OWI amended to failure to stop at stop sign.

-Convinced judge that police had failed to follow the law, resulting in judge dismissing a refusal charge. Prosecutor subsequently amended the companion OWI to Reckless Driving, saving the client’s Commercial Driver's License.

OWI First Offense 

-OWI First Offense amended to Reckless Driving and dismissal of refusal charge on defense motion.

-OWI First Offense amended to failure to stop at stop sign.  Refusal and PAC charge dismissed.

-OWI First Offense amended to Reckless Driving based on problems identified with anonymous tip. 

-Convinced prosecutor to amend OWI First Offense to Reckless Driving after independent investigation revealed that the arresting officer had no legal basis for the traffic stop.  

-Convinced prosecutor to amend OWI First Offense to Inattentive Driving after motion hearing where police officer admitted numerous mistakes in the process of administering field sobriety tests. 

OWI Second Offense 

-Negotiated settlement of OWI Second Offense case to Reckless Driving based on failure of the police to establish the time of driving.  

-Negotiated amendment of OWI Second Offense to Reckless Driving after vigorous cross-examination of officer at an administrative suspension hearing.

OWI Third Offense 

-Judge granted defense motion challenging officer's decision to pull vehicle over.  All evidence was suppressed and prosecutor was forced to dismiss the case.  

-Negotiated amendment of OWI Third Offense to Negligent Operation of a Motor Vehicle based after judge granted motion to strip test result of its presumption of admissibility.

-Successfully mounted collateral attack in OWI Third Offense  case, which resulted in a conversion of the case to OWI First; client served no jail time and was able to keep his job.  

-Successfully argued motion to suppress all evidence in OWI Third Offense case where the officer believed that client was committing a traffic violation. Judge found that officer had no basis to pull the client over.  

-Convinced prosecutor to move for amendment of OWI Third Offense to Negligent Operation of Motor Vehicle in the middle of trial after prosecutor failed to establish compliance with statutory requirements for breath-testing machine.

OWI Fourth Offense

-Successfully collaterally attacked 2 prior convictions in OWI Fourth case, resulting in the prosecutor amending the case to OWI Second. Saved client's commercial driving privileges. 

-Successfully argued for amendment of OWI Fourth Offense to Reckless Driving after prosecutor agreed that police violated client’s constitutional rights.  

-Convinced prosecutor to dismiss OWI Fourth Offense, Hit and Run, Operating after Revocation, and Inattentive Driving charges against client after defense investigation established significant problems in prosecution’s ability to proceed.

OWI Fifth Offense 

-Challenged prior conviction in felony OWI Fifth Offense, which resulted in preventing the prosecution from being able to obtain a felony conviction.  

-Convinced prosecutor to amend felony OWI Fifth Offense case to misdemeanor Reckless Driving due to problem identified in the stop and arrest of the client.

-Successfully attacked prior conviction in felony OWI (5th) case, forcing the prosecutor to amend to a misdemeanor.

-Convinced judge to strike prior conviction in OWI (5th) case, converting a felony to a misdemeanor and preventing the client for going to prison.

OWI Eighth Offense            

-Convinced judge to dismiss OWI (8th) charges based upon lack of probable cause.

-Argued for invalidation of prior convictions in OWI (8th) case, saving client from prison and loss of job.

OWI Homicide

-Convinced judge to sentence client to probation in OWI Homicide - kept client out of prison.

-Successfully argued for probation and four months jail in OWI Homicide case.  

 

MARIJUANA/DRUGS/SEARCH WARRANTS 

-Convinced prosecutor that police violated client's Fourth amendment rights in drug seizure case.  Prosecutor agreed to dismiss possession charge. 

-Successfully argued that police unlawfully searched client's vehicle, resulting in suppression of drug evidence and dismissal of criminal charge. 

-Successfully challenged the ability of the State to prosecute a client for allegedly driving with marijuana in his system. Prosecutor conceded the motion.  

 -Successfully argued motion to suppress all evidence obtained as a result of a search warrant after convincing judge that the warrant was improperly issued.

-Established that police executed a warrant in an unreasonable manner, resulting in suppression of all evidence obtained in a drug raid of client’s house.

-Persuaded prosecutor to dismiss drug charges against college student, preserving his eligibility to receive financial aid.

-Convinced judge to grant motion suppressing evidence seized in a marijuana grow operation after establishing that police coerced consent to search.

-Manufacture of THC charge dismissed after motion to suppress evidence based on lack of probable cause for issuance of search warrant.

-Successfully argued for dismissal of drug manufacture charges based upon state's noncompliance with jurisdictional statute.

-Jury found defendant not guilty in federal marijuana case. 

-Jury found defendant not guilty in federal cocaine case.
 

 

FELONY ASSAULT, BATTERY, DISORDERLY CONDUCT

-Defended client facing 22 years in prison, charged with felony recklessly endangering safety and felony aggravated battery; jury found client not guilty of all charges.

-Defended client charged with felony aggravated assault and disorderly conduct; jury found him not guilty of all charges.

-Convinced prosecutor to dismiss charges of felony battery, false imprisonment, sexual assault, and disorderly conduct charges, saving client’s job and livelihood.

-Successfully argued for amendment of felony reckless endangerment charge to be amended to civil ordinance based on police responding to unreliable information.

-Convinced judge to order dismissal of felony battery charges after prosecution refused to comply with the law and the court’s orders.

PROPERTY CRIMES

-Persuaded prosecutor to reduce felony arson charges to criminal damage to property after demonstrating inconsistencies in witness statements.

-Successfully argued for suppression of all evidence, including burglary tools and stolen items, based on abuse of probation officer's search authority.

-Negotiated deferred conviction disposition in felony burglary case.

 

SEX OFFENSES

-Successfully argued for dismissal of 3rd degree sexual assault charges at preliminary hearing based on defense cross examination of witnesses. 

-Convinced prosecutor to dismiss sexual assault charges against a client by presenting evidence obtained by defense investigation.

-Convinced judge to dismiss sexual assault charges by presenting exculpatory evidence.

-Convinced DA to dismiss sexual assault charges after presenting evidence of fabrication of the complaint.

-Successfully argued for dismissal of sexual assault charge based on inconsistencies in state's evidence.

-In postconviction case, successfully moved for the withdrawal of previously entered plea, which resulted in state being forced to dismiss felony sexual assault charges.

-Convinced DA to decline prosecution in first degree sexual assault case after proving that victim witness testimony had been tampered with.

-Successfully argued for dismissal in third degree sexual assault case based on evidence revealed by defense investigation.

 

FEDERAL COURT

-Jury found defendant not guilty in federal marijuana case. 

-Jury found defendant not guilty in federal cocaine case.

-Federal court dismissed child abuse charges. 

-Convinced federal judge to grant eight-level downward departure in wire fraud case: sentence reduced to time served.

-Convinced US Attorney to dismiss drug conspiracy charges against gang member after establishing problems with government's case.

-Represented numerous criminal defendants in filings with US Supreme Court.

 

FORGERY, BANK FRAUD

-Forced DA to dismiss criminal forgery charges after defense cross-examination of prosecution witnesses proved testimony to be unreliable.

-Convinced prosecutor to dismiss all charges in felony fraud case based on evidence secured by defense investigation.

 

* The above examples are real client cases handled by me, Attorney Kirk Obear. They are intended only as examples of past successful casework and are not intended to be an indication of the likelihood of success in any other particular case. Just because you have been charged with a similar offense, you should not assume that the result in your case would be the same as any of those listed below. However, these examples are given to demonstrate the level of commitment and dedication to your case that you should expect from my firm. 

CONTACT WISCONSIN CRIMINAL DEFENSE ATTORNEY KIRK OBEAR

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•Top 5% of Wisconsin Attorneys as listed in Wisconsin SuperLawyers® Magazine

•Outspoken advocate for marijuana decriminalization for over 10 years

•Hundreds of OWI, drunk driving and criminal cases handled successfully

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920-395-2200  


Office location:
603 South 8th Street, 
  Sheboygan, Wisconsin   53081
info@kirkobear.com

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