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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. N.A.

Charges: 4th Degree DWI – Misdemeanor

Resolution: Stay of Adjudication – which means the case will be dismissed, without a conviction, after a brief probationary period. This is such an incredibly rare outcome. And, on top of the outcome itself, the terms and conditions of probation are exactly in line with a standard first-time offense – i.e. the client does not have to do anything above and beyond to get this incredible outcome. Instead, due to shrewd negotiating, leveraging a pre-trial motion, a terrific relationship with the prosecutor, and, frankly, some luck, the client was able to keep a perfect record, thereby saving his career. Only North Star achieves these type of outcomes with any consistency.

State v. R.K.

Charges: 3rd Degree DWI – Gross Misdemeanor

Resolution: Plea to an amended count of Careless Driving as a misdemeanor. Typically, any plea to a lesser count on a 3rd Degree DWI is to a 4th Degree – a benefit, but still a DWI. Here, Mr. Gempeler worked out the rare negotiation to a careless driving offense. What makes this outcome even more impressive is the fact that the client’s prior was relatively recent and he was involved in a single-vehicle accident, street-racing towards his apartment complex. Despite comments at the time of the incident that were not favorable, Mr. Gempeler still worked the case up to proffer a post-driving consumption defense that was used to leverage this incredible result. Proof again, it’s imperative to get a team that will fight hard and go the extra mile for your defense.

State v. M.K.

Charges: 4th Degree DWI – Misdemeanor

Resolution: Plea to an amended count of failing to drive with due care. This was an absolutely needed outcome for a client that does a lot of business in Canada. At a .12 breath alcohol level, though, getting anything other than a DWI, let alone an outcome better than a Careless Driving, is virtually unheard of. Undeterred by these prospects, Mr. Gempeler got to work to create the best possible plea negotiation strategy, which is all that was left without any legal defense. With the assistance of an incredible and long relationship with the prosecutor – who admittedly trusts this firm, completely – this ridiculously rare outcome was achieved. As a result, the client’s business and work in Canada is saved and the single mistake will not have to hurt him going forward. These are the type of results that make us so unique and successful.

State v. P.M.

Charges: 4th Degree DWI – Misdemeanor

Resolution: Plea to a petty misdemeanor failing to maintain lane control. A petty misdemeanor is not a crime in Minnesota. Knowing the State had a weak case with a .078 reading (though, the State can always call an expert to show that the alcohol concentration at the time of driving was above .08), the North Star team pushed it to trial, while continually negotiating with the prosecutor. On the day of trial, with a great deal in hand, we pushed one last time and got an offer to nothing more than a simple traffic citation – a non-crime. This outcome avoids the risk of trial – and there is always risk – and obtains a non-crime, non-probationary outcome, while also avoiding any potential loss of license stemming from a potential trial loss. The client was thrilled to get such an incredible outcome, having already expressed a desire to not go to trial.

State v. T.B.

Charges: 4th Degree DWI – Misdemeanor

Resolution: Client pled to a misdemeanor careless driving with no jail to serve, a minimum fine, and only one-year on probation to the Court. In addition, the client did not have to waive his fight in the implied consent case. Ultimately, the license revocation that automatically happens following a DWI was rescinded. The end result for the client – no DWI on both his criminal and driving records. This is a clean sweep, victory for the client.

State v. L.S.

Charges: 4th Degree DWI – Misdemeanor

Resolution: Pled to an amended count of Failing to Drive with Due Care and received probation to the court. Without much of a defense, the team at North Star was still able to obtain this incredible and atypical outcome due to his strategic negotiations and relying upon its strong relationship with the prosecutor. Together, we knew how to approach the City to get this needful result. Now, the client has much less risk of this record impacting her burgeoning career.

State v. A.V.

Charges: 1st Degree DWI – Felony

Resolution: Case out of Anoka County. After motion practice, Client permitted to plead to a gross misdemeanor offense with only house arrest, a minimum fine, and drastically reduced probation, solely to the Court. Perhaps most importantly–even with complete avoidance of a felony conviction–the client’s vehicle was returned at no cost. A great result for a felony charge.

State v. T.S.

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.

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. J.J.

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.B.

Charges: Fourth Degree DWI – Controlled Substance

Resolution: Plea to an amended count of careless driving. The sentence was consistent with a standard first-time DWI offense – meaning, no jail or community service, minimal fine, and complete the DWI one-day program and MADD victim impact panel. Point being, the client didn’t have to earn the careless driving with a more serious punishment. And, most importantly, because this was a controlled substance DWI, the client’s license was never revoked. Achieving a non-DWI outcome in such an instance is rare because prosecutors care deeply about getting a record to enhance any future DWI’s. After following the guidance of Mr. Gempeler, the client took the proactive steps necessary and provided the information about his studies and future career that were leveraged to get this incredible result.

State v. F.L.

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. A.B.

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. K.B.

Charges: Felony Fleeing and Gross Misdemeanor DWI (with an elevated reading)

Resolution: Plea to the gross misdemeanor DWI and the felony fleeing charge was dismissed. Additionally, the vehicle was returned to the client, instead of being forfeited due to the second degree conviction. So, after all is said and done, the felony count is dismissed, the vehicle is returned, and the client faces a standard second-time DWI sentence. With such an expensive vehicle possibly being forfeited and the additional felony count, such an outcome is truly remarkable. The client was expecting far worse in a smaller community in which he knows there have been worse consequences. Despite this being the first trip to a northern county for North Star, our professional approach quickly gained the trust of the County attorney and led to this great outcome. Some worry that hiring a “big city” attorney for a case outside of the metro can work against you. That’s not the case with our attorneys because we know how to establish the rapport with the prosecutor quickly and fight the case in the appropriate manner. Our clients get fantastic results, everywhere.

State v. D.P.

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.

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.

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.

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.

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.

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. J.L.

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.

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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