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State v. D.M.
December, 2023
Charges: Underage Drinking and Driving - Misdemeanor; Two traffic violations, including failing to move over for an emergency vehicle.
Resolution:
Dismissed. The client was alleged to have not moved over for a cop on a two-lane road (which is completely false) and then is alleged to have yelled something at the cop, prompting him to give chase. Once he was pulled over, the cop immediately arrested the client and then made up an allegation of possible impairment to justify the actions to that point. But the video showed the cop was wildly unjustified in his conduct and failed to get a warrant for the breath test - which is necessary for a mere underage drinking and driving charge. Long story short, the State dismissed the entire case prior to the contested hearing. Doing so shows just how egregious the cop's conduct was and why the fight by Mr. Gempeler and the North Star team was so critical for the client.