State v. N.S.

Case dismissed. Client was alleged to have refused the official breath test at the station. But, critically, he was not read the breath test advisory, which advises him of his legal rights (most importantly, his right to consult with a lawyer), prior to making a decision to take the breath test. Because of the officer's failure to advise him of his rights (which is required by law), the refusal could not be upheld. And without the refusal charge, the DWI investigation lacked sufficient facts to justify the fourth-degree under the influence charge. The North Star team set out to aggressively litigate these issues. But, short of the motion hearing, the State called in advance to talk over the case and quickly realized that it had to dismiss the case. After earning this dismissal, the North Star team set out to rescind the license revocation that stemmed from this unlawful criminal charge. And despite an AG attorney that would not dismiss it, we litigated the matter and successfully argued to the Court that the refusal was not lawful and the license revocation was, in fact, rescinded. A win all the way through. Another terrific result for the North Star team and proving, once again, that it's strategic and strong approach gets results!