Case Results

Plea to a single count of gross misdemeanor DWI. What makes this outcome so great is the sentence received. The client was dead to rights and had no legal defense. He had two prior DWI's within ten years and a high reading of .21 - this is often referred to as a Super-2 DWI. For a third-offense, the statutory mandate is for 30 days to be served in custody with 60 days on house arrest. Here, the client was sentenced to only 30 days on house arrest and placed on unsupervised probation for just two years. Needless to say, a fantastic outcome considering what should have been coming his way.

Plea to an amended count of 4th Degree DWI as a misdemeanor. This is truly a remarkable outcome for the client because she registered a .26 breath alcohol concentration - more than three times the legal limit. Negotiating down to a misdemeanor DWI is no easy task, even when the client blows a .17 (just over the .16 aggravating factor level). So, to achieve a misdemeanor outcome with this high of a reading is unheard of - except for when North Star Criminal Defense gets involved (because this isn't our first time pulling this off even). Taking a big picture approach, the North Star team figured out what was at stake and how to get the outcome needed for the client to be able to keep moving forward without having this be a major hurdle. Mission accomplished!

Plea to an amended count of Careless Driving. Client blew .12 and had no legal defenses to fight the case. Typically, the cut-off to plea to a non-DWI is .10. If you blow above it, good luck trying to get a non-DWI conviction via negotiations. And that was how the prosecutor initially reacted. But, the client could NOT have a DWI conviction on her record for fear of losing her career and even licensing. There was a lot at stake, to say the least. The North Star team worked with the client to get all of the information needed to explain her unique situation and then advised on proactive steps that would better position her for making a strong pitch for the outcome needed. Thankfully, after many hearings and many communications/negotiations with the prosecutors office, we finally got the outcome needed. Making it even sweeter - no jail or community service to complete, and probation to the court. A truly incredible outcome achieved, once again, by North Star.

License revocation rescinded. The client pled guilty to an amended count of Careless Driving on a 3rd Degree DWI and preserved her right to fight the license revocation. And thanks to a strong argument and well argued written brief, the Court agreed that the administration of the breath test was done improperly, thereby jeopardizing the reliability of the test results. The license revocation was rescinded, meaning she does not have an alcohol-related loss of license on her driving record. Coupled with the plea to a non-DWI, her records remain clear of any type of DWI. This is a huge result for a deserving client.

Stay of adjudication in this juvenile matter involving a serious accident caused by the client. With no defenses because there was home security video showing the accident, the North Star team still achieved this fantastic result - one which the Court recognized was about as good as she could've received under the circumstances. The client was a high school student who was already taking college courses and has a very bright future. So avoiding a criminal conviction was critical and that's exactly what we achieved.

Plea to an amended charge of Careless Driving. Client had no defenses and a reading right on the fringe of viability to plead down from a DWI. Thankfully, the client took immediate proactive steps to position herself for this outcome. And armed with these steps - above and beyond what is typical - not only did the North Star team successfully avoid a DWI conviction, but the client was placed on unsupervised probation and faced a reduced fine. She was thrilled with this outcome, knowing that this conviction record will not hold her back from her lofty career aspirations.

Departure granted. Sentenced as a gross misdemeanor over the State's strenuous argument. The client had made drunken threats of shooting up a bar and made a hand-gun motion. Despite this, the North Star team convinced the judge that these were less serious facts than a typical threats of violence case, which is not a small undertaking. With a well-researched written argument and a strong oral summation at the sentencing hearing, the Court agreed that the defense had proven to be correct and granted the departure. For a gentleman that enjoys hunting with family, this was a critical and fantastic result.

Plea to an amended charge of Careless Driving. The client blew a .13 after exhibiting rather poor driving conduct and failed the field sobriety tests. Usually, anything above a .10 is a plea to a DWI. But, doing so would jeopardize the client's employment and possibly even his career. Armed with the client's proactive steps and a diligent negotiation strategy, Mr. Gempeler worked hard with the prosecutor to get this non-DWI outcome that was absolutely critical to save the client's livelihood. Thankfully, the strategy and steps paid off and the client got the needed outcome.