DWI Case Results

DWI Case Results

minneapolis st. paul dwi lawyersTo see just how successful our approach is, here are some representative DWI case results:

State v. T.S.

May 2017

Charges: 4th Degree DWI – Misdemeanor

Resolution: Plea to Failing to Drive with Due Care. This is a prime example of how Mr. Gempeler is undeterred in seeking extraordinary results on routine cases. Client’s alcohol reading was .08. Immediately and predictably, the city’s offer was a careless driving, with an opportunity to fight the license revocation. Most attorneys grab this at the first hearing, sell their clients on this incredible outcome, and make a lot of money quickly and easily. We try harder, though. Utilizing what leverage existed from some legal issues, Mr. Gempeler artfully negotiated the failing to drive with due care plea. It pays to ensure you get the right team that will fight for the best possible outcome.

State v. N.H.

May 2017

Charges: 3rd Degree DWI – Gross Misdemeanor

Resolution: Plea to an amended charge of 4th Degree DWI – Misdemeanor. This was a first-time offense, with an elevated reading of .20. The City’s policy of departing to a misdemeanor DWI on these types of cases is .18 – meaning, we had no business getting this agreement, per “policy”. But, the team at North Star understands policy can be overcome with the proper approach. Client was thrilled at the opportunity to get this misdemeanor result.

State v. D.S.

May 2017

Charges: 3rd Degree DWI – Gross Misdemeanor

Resolution: Plea to a Misdemeanor 4th Degree DWI. Client was charged with a 3rd Degree DWI because of a prior offense. Still, Mr. Gempeler was not deterred in fighting for and ultimately obtaining a plea agreement to a 4th Degree misdemeanor DWI. Such an outcome is almost unheard of. But it was earned after the correct counseling of a thoughtful client and a deft touch during negotiations. For a veteran, this was an absolutely critical outcome for his future.

State v. D.S.

May 2017

Charges: 2nd Degree DWI – Gross Misdemeanor

Resolution: Stay of Imposition to 3rd Degree DWI, meaning this will be a misdemeanor upon completion of probation. Client blew almost three-times the legal limit and was charged with assaulting the officer. Still, due in part to the client’s proactive measures to seek help, Mr. Gempeler was able to not only negotiate this incredible criminal result, but also negotiated the buy-back of the vehicle – a critical result for the client.

State v. S.S.A.

April 2017

Charges: 2nd Degree DWI – Gross Misdemeanor

Resolution: Plea to 3rd Degree DWI – Gross Misdemeanor. The client had a recent prior (in fact, she’s still on probation from it) and a high breath test reading. Further, she had a single-car accident that resulted in damage to public property. Her vehicle was subject to forfeiture, as well. Still, despite this bad facts, Mr. Gempeler negotiated a result that is consistent with a standard, low-reading second-time offense (which means, no further jail, minimal fine, no increase in house arrest often associated with high-reading/accident cases) and, most importantly to the client, the return of her vehicle. The client is very pleased with this result, understanding how easily it could have ended up so much worse for her without the proper counseling of North Star.

State v. F.L.

April 2017

Charges: 2nd Degree DWI – Gross Misdemeanor

Resolution: An extremely high PBT test and two aggravating factors out of Washington County, settled as essentially a 4th Degree DWI. The forfeiture of his motor vehicle dismissed and car returned without costs, driving privileges reinstated, and no jail time. This client was representing himself, facing a mandatory 6 months in jail, a three year revocation of his driving privileges, and the loss of his treasured vehicle. After six months of careful negotiations and strong efforts to reform himself, the client gets his car back, avoids so much as an HOUR in custody, and moves forward with his new baby and family intact. Hard to say what aspect of our work was responsible for this outcome, other than a relentless commitment to integrity-based advocacy, and carefully-managed relationships with judges, judicial staff, prosecutors and clerks. A great, great outcome.

State v. S.C.

March 2017

Charge: 3rd Degree DWI

Resolution: Plea to a 4th Degree DWI with a standard result. This is a terrific result for a client that registered nearly three-times the legal limit on his first-time DWI. Due to a proper strategy and a pro-active approach by the client, Mr. Adkins was able to secure an outcome that resulted in no further jail or community service time, a small fine, and minimal conditions during probation. This is a misdemeanor offense and the client is put in a position to succeed going forward.

State v. A.B.

February 2017

Charge: 3rd Degree DWI, B-Card Restriction, Careless Driving, DAR

Resolution: Guilty plea to misdemeanor Careless Driving, rest of charges were dismissed. Initial offer was to a gross misdemeanor DWI and for 90 days to be served in custody and via house arrest. Mr. Gempeler successfully moved the Court to suppress the blood test result due to a faulty warrant, leading to the dismissal of the DWI charge. After the Court ruled in his favor, the Defendant obtained the result he wanted – 1-year probation (not 4), less jail time (he only faces house arrest), and no DWI record.

State v. N.A.

October 2016

Charges: 2nd Degree DWI

Resolution: This high-test DWI with general non-compliance (to put it politely) from the client to local police upon arrest was successfully reduced to a misdemeanor after careful negotiations, supportive therapies for and by the client, and great good luck in finding a prosecutor and a judge in remarkably workable good moods on the day of trial. Client escapes a life-altering outcome through his own hard work and the talents of his team at North Star Criminal Defense.

State v. D.P.

September 2016

Charge: 3rd Degree DWI

Resolution: Client pled guilty to a misdemeanor Careless Driving. The DWI case was dismissed in its entirety and the city tab-charged the Careless Driving. This means the client has a clean break and dismissal from the DWI and can tell prospective employers that his DWI was dismissed. Additionally, the terms of the sentence are minimal – $100 fine and no jail. What’s more, the client successfully fought the implied consent revocation, meaning his license revocation was rescinded. He avoided any DWI record in both his criminal and driving records. This is an incredible result.

State v. J.B.

August 2016

Charge: 3rd Degree DWI

Resolution: Client pled down to a misdemeanor 4th Degree DWI. Client had a breath alcohol concentration of .23, a significantly high reading that usually does not lead to a misdemeanor plea. This favorable result was obtained due to the strategic negotiations and proactive approach from the client. To show just how favorable of a result this was, immediately before this client’s case was called, an experience defense attorney pled his client to a gross misdemeanor offense for a first-time DWI with .20 reading. So, with similar, but worse facts, Mr. Gempeler obtained a significantly better result.

State v. S.L.

July 2016

Charge: 4th Degree DWI

Resolution: Careless Driving plea. Client was charged with a DWI at a .13 alcohol concentration level. Usually, the cut-off for a careless driving plea is a .10. Still, Mr. Adkins obtained this fantastic result due to his fantastic working relationship with the prosecutor and a client that was proactive in accepting responsibility for his actions. Together, this led to getting the just result for a deserving client.

State v. D.M.

February 2016

Charge: 3rd Degree DWI-Refusal

Resolution: Case was dismissed. Case was previously dismissed when the cop failed to show. The State re-filed the same charges. Armed with six motions, all with credible legal grounds, the cop again failed to show at the contested hearing, forcing the State to dismiss the case again. There’s probably a reason the cop didn’t show twice – he didn’t want to face the music for the bad stop and being caught on tape saying: “I have my drunk for the night.” Even if the cop showed, the outcome would have been the same.

State v. C.V.

January 2016

Charge: 4th Degree DWI

Resolution: DWI was dismissed and the client pled to a misdemeanor speeding citation as a separate criminal file. This outcome was critical to the client because she travels to Canada for work. And a DWI or Careless Driving conviction would result in her being denied entry, thereby resulting in her losing her job. Due to a proactive approach by the client and strong negotiations from Mr. Gempeler, the client is able to say the DWI case was dismissed in its entirety and she now only has a speeding ticket on her record. This will mean she can enter Canada without fear that this DWI record will prohibit her entry. Needless to say, this was an especially meaningful result for the client.

State v. M.J.

December 2015

Charge: 3rd Degree DWI, Under the Influence of a Controlled Substance; 3rd Degree DWI, Under the Influence of a combination of Alcohol and a Controlled Substance; and 3rd Degree DWI, Under the Influence of a Schedule II Controlled Substance

Resolution: Case was dismissed. This fantastic result was obtained due to the development of a personalized legal strategy that pushed the right legal defenses that were leveraged during negotiations with the prosecutor. The client’s breath alcohol concentration came back at .056, yet the officer still demanded a blood test to determine the presence of a narcotic in his system. But, the client had a valid prescription for the narcotic, which was an affirmative defense raised via motion. The failure of the officer to do any further testing – such as a drug recognition evaluation – proved costly as the State was left with no evidence that the client was under the influence of the narcotic.

State v. A.P.

November 2015

Charges: 2nd Degree DWI – Refusal

Resolution: Case out of Washington County. Plea to a lesser included conviction with a sentence that did not include any jail time, house arrest, or sentence to service – a rare outcome for DWI offenders with priors and a refusal. This case points to the importance of being proactive. The client immediately obtained an alcohol-dependence assessment, readily accepted responsibility for his actions, and had an honest commitment to community-building conduct before the case is resolved. By dedicating a significant amount of time to community service in advance of any formal hearings, this client escaped nearly all of the pitfalls inherent to 2nd degree DWI prosecution. The benefit is limiting the criminal consequences, with less supervision and obligations while being supervised. A fantastic result for a truly exceptional client.

State v. J.L.

July 2015

Charges: 2nd Degree DWI

Resolution: Case was dismissed. Mr. Adkins obtained the dismissal after successfully raising the post-incident consumption defense. The client admitted to drinking prior to driving to a local restaurant, thereby giving the prosecution traction to pursue the DWI. Mr. Adkins’ thorough investigation into the night in question led to the discovery of multiple eyewitnesses that corroborated the client’s story that he consumed a number of drinks at the restaurant, which is what ultimately led to him being well-above the legal limit. An expert report concluding that the client could not have had an alcohol concentration higher than .06 at the time of driving was the final push the prosecutor needed in order to dismiss the case short of a contested hearing. Needless to say, the client is overjoyed with Mr. Adkins’ work.

State v. A.S.

July 2015

Charge: 4th Degree DWI

Resolution: Plea to misdemeanor failure to signal traffic offense and the DWI charges were dismissed. After Mr. Gempeler filed motions challenging the stop and probable cause for arrest, the prosecutor made an offer the client could not refuse because the legal motions were far from guarantees. In addition to getting only a misdemeanor traffic offense on her record, the client was not sentenced to complete any jail time, do any community service, and did not even have to do the one-day alcohol education program that is typically required for all DWIs. The client also avoided the probation fee when supervised probation was limited to five months.

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