DWI Case Results

To see just how successful our approach is, here are some representative results:

State v. K.B.

May, 2024
Charges: 4th Degree DWI - Misdemeanor

Dismissed. After carefully scrutinizing the discovery and, most importantly, the squad video, Mr. Gempeler detected that the Officer was clearly fishing for DWI's at a common happy hour destination and, as a result, the alleged basis for the stop was completely fabricated. Once this was brought to the State's attention, they reviewed it on their own and made the decision to dismiss the case - well in advance of the scheduled contested hearing. Such a result is atypical because, even in these types of instances, prosecutors will often just let the judge do the hard job of dismissing the case, rather than them doing the right thing. But Mr. Gempeler's advocacy and respect from his peers earned this outcome for a deserving client.

On top of that, Mr. Gempeler won the implied consent battle. But, he didn't just win it, his cross was so effective that the Attorney General handling the case dismissed the fight without even re-directing the officer. She knew there was no coming back from the cross and dismissed it outright in the middle of the hearing. This is literally unheard of. Even the Judge was caught off guard, commenting not only on the excellent cross, but also that she had never seen a dismissal mid-hearing like that.

Types of Charge(s): DWI Case Results, Misdemeanor

State v. D.T.

April, 2024
Charges: 3rd Degree DWI-Refusal - Gross Misdemeanor; 4th Degree DWI - Misdemeanor

Plea to an amended count of careless driving as a misdemeanor. No jail or community service, a minimal fine, and only one year of probation with easy conditions to follow. The deal was so good, in fact, that the Judge was questioning the prosecutor about how they were willing to offer a Careless on a Gross Misdemeanor DWI-Refusal. The Judge commented that he understood an agreement to a misdemeanor DWI, but to get a Careless was a bit shocking, to say the least. This is the type of outcome that isn't so atypical when the North Star team is involved. Getting so good of outcomes that it even surprised the Court.

State v. J.W.

April, 2024
Charges: 3rd Degree DWI - Gross Misdemeanor (two charges)

Plea to a misdemeanor 4th degree DWI. On top of getting this in line with a true first-time DWI as far as the misdemeanor conviction, the sentence included no jail, credit for all of the proactive steps taken, a minimum fine, and even probation to the court. All in all - a great outcome for a client that owned up to his mistakes and worked hard to put it in his past. This outcome should ensure it has little impact on him as he moves forward.

Types of Charge(s): DWI Case Results, Gross Misdemeanor

State v. J.B.

March, 2024
Charges: 3rd Degree DWI - Gross Misdemeanor - Two Counts

Plea to an amended count of misdemeanor fourth-degree DWI, with no time to serve and unsupervised probation to follow completing the recommended DWI class and MADD panel. This is a great result, considering there were no defenses and the client blew a .199. Despite this, Mr. Gempeler relied on strategic negotiations and a strong working relationship with the prosecutor to get an outcome commiserate with a first-time DWI and no extra punishment for poor driving and such a high reading. The client is happy to put this behind and move forward in a much better position.

Types of Charge(s): DWI Case Results, Gross Misdemeanor

State v. B.R.

March, 2024
Charges: 3rd Degree DWI-Refusal (Gross Misdemeanor); 4th Degree DWI (Misdemeanor); Carrying While Under the Influence (Gross Misdemeanor); Carrying without a Valid Permit (Misdemeanor)

Plea to count 2, a misdemeanor DWI with no jail or community service to serve, and a minimal fine. The client was in a single vehicle accident, was underage, and had a handgun with an extended magazine in the vehicle (not to mention marijuana (legal)). Needless to say, a lot of bad facts and there was no legal defense. Nonetheless, Mr. Gempeler leaned on his great relationship with the prosecutor and utilize a strategic negotiation approach to achieve this incredible result.

Types of Charge(s): DWI Case Results, Gross Misdemeanor

State v. E.N.

January, 2024
Charges: 3rd Degree DWI-Refusal - Gross misdemeanor; 4th Degree DWI - Misdemeanor

Plea to an amended count of Careless Driving. To make this outcome even more incredible, the client is placed in administrative, unsupervised probation for one-year and only has to stay good for the year and pay a minimal fine. No jail; no community service; no punitive punishment. The client had no defense for the case. But, the North Star team utilized the client's impressive proactive steps, the lack of available evidence that should have been preserved, and its good relationship with the prosecutor to get such an incredible and unlikely outcome strictly through negotiations. The client was shocked that we were able to achieve what seemed like the longest of long shot outcomes. But that's what we do.

Types of Charge(s): DWI Case Results, Gross Misdemeanor

State v. J.S.

January, 2024
Charges: 2nd Degree DWI - Gross Misdemeanor

Plea to an amended misdemeanor count of 4th degree DWI with no jail to serve and only a minimal fine. The client had two aggravating factors bringing the charges of 2nd Degree DWI: a high reading and a prior within 10 years. Usually when this happens, obtaining a non-GM DWI is almost always out of the question. The North Star team was diligent in its review of the facts and raised a critical legal issue that led to the State's agreement to our assessment, resulting in the DWI test being tossed out as evidence. There was plenty of evidence left to convict the client, so entering a plea was necessary. Still, the North Star team strategically negotiated with a stronger position and obtained this incredible result of a misdemeanor, no-jail outcome for the client. He was thrilled to get this offer and be able to move forward successfully after his mistake.

Types of Charge(s): DWI Case Results, Gross Misdemeanor

State v. C.W.

December, 2023
Charges: Two counts of gross misdemeanor criminal vehicular operation due to alcohol impairment

Plea to an amended count of 3rd Degree DWI and the criminal vehicular operation charges are dismissed. In addition to causing an accident that resulted in exacerbating pre-existing injuries to the victim, the client fled the scene, too. Needless to say, doubling down on wrongdoing never helps the case. There were no legal defenses as the case was airtight. Still, the North Star team understood the importance of avoiding a criminal vehicular operation record on this young man's future and developed a strategy that ultimately succeeded in getting the outcome the client was after - a non-CVO record and no jail to serve. The client is thrilled that he had Mr. Gempeler fighting for him during this difficult case.

Types of Charge(s): DWI Case Results, Gross Misdemeanor

State v. S.W.

October, 2023
Charges: 4th Degree DWI - Misdemeanor

Plea to an amended count of Failing to Drive with Due Care. The client had no legal defenses and blew a .10. Achieving a non-DWI with these facts is great. But, the North Star team pushed for more and didn't just settle for a Careless Driving. Instead, we focused on the client and negotiated an even better deal that will position the client in a much better position for future schooling and her career. While the difference between a Careless Driving and Failing to Drive with Due Care may not seem like much, it is still better and every little bit helps our clients long-term. So we will do everything in our power to get the best possible deal, every time.

Types of Charge(s): DWI Case Results, Misdemeanor

State v. B.P.

September, 2023
Charges: 4th Degree DWI - Misdemeanor

Plea to an amended count of Failing to Drive with Due Care. The client blew a .09, but he passed two of the three field sobriety tests, contrary to what the arresting officer reported. Without any other real defense, Mr. Gempeler leveraged the cops deceit in negotiations with the prosecutor - one who he has an excellent relationship with - and was able to achieve this incredible outcome. Typically, a great outcome for most other defense attorneys would be a careless driving, but the North Star team shoots for even better and can often get it done, like in this case.

Types of Charge(s): DWI Case Results, Misdemeanor