04 Jun 2014

Chippewa County vs. Citizen Accused of Battery by an Inmate and 2nd Degree Sexual Assault

The County could not show Attorney Mullen’s client physically assaulted a fellow inmate during a preliminary hearing. Upon suggestion a continuance would be granted in order to allow the State time to prepare their case, he convinced the court not to allow it thereby ending the prosecution of the alleged felony. Immediately afterwards at the next preliminary hearing scheduled that day, Attorney Mullen established a sexual assault was not committed by showing the elements of the crime were not met. Within thirty minutes, Attorney Mullen had won two preliminary hearings ending two felony cases.

03 Jun 2014

Eau Claire County vs. Citizen Accused of Operating While Intoxicated and Operating with a Prohibited Blood Alcohol Level (BAC) at a .09 Level

Attorney Mullen established, through cross examination of the State’s own expert witness during the jury trial, the defendant’s blood alcohol level was between .05 and .07. Through a chronological “walk-through” of when each alcoholic beverage was consumed, the exact volume of each drink and other important factors necessary for the expert to form a calculated blood alcohol level estimate, Attorney Mullen got into evidence an expert witness opinion showing when the defendant was operating the vehicle, he/she did not have a prohibited blood alcohol level in his/her system. Even though the official blood alcohol results showed a prohibited blood alcohol level, it was established such a level was obtained only AFTER the defendant ceased operating the vehicle.

03 Jun 2014

Eau Claire County vs. Citizen Accused of Operating While Intoxicated and Operating with a Prohibited Alcohol Concentration at a .284 Level

Through the showing of police tapes and direct testimony, Attorney Mullen established law enforcement failed to interview all the actors at the scene of an accident. One of the actors missed was the designated driver with the keys of the vehicle in his pocket during the time the defendant allegedly operated the vehicle. Three other individuals interviewed who worked for Emergency Medical Services were also impaired and leaving the bar. Attorney Mullen was able to show what actually happened that evening during the trial. Again the jury took little time in coming to a not guilty verdict.

03 Jun 2014

Eau Claire County vs. Citizen Accused of Operating While Intoxicated and Operating with a Prohibited Blood Alcohol Concentration (BAC) at a .32 Level

Attorney Mullen convinced prosecutors just hours before a jury trial the defendant was not operating his vehicle. Even though video tapes and statements differed as to who was actually driving the truck the evening of the incident, Attorney Mullen convinced the District Attorney’s Office such a discrepancy was not worth risking a jury trial over. The case was dismissed in its entirety.