State v. K.B.

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.