State v. S.E.

January, 2024
Charges: Careless Driving - Misdemeanor

Plea to an amended count of improper passing as a petty misdemeanor (a non-crime). Client passed a vehicle in his lane on a county road, causing the vehicle approaching in the other to pull over onto the shoulder. When pulled over, he was detected of having alcohol in his system and even blew a .08 in the PBT on the side of the road. Luckily, the cop didn't arrest him for a DWI, but instead issued a justified careless driving citation. With trial approaching, Mr. Gempeler pushed back on the prosecutor, explaining the lack of a DWI charge makes this all about driving conduct and that there were issues with the careless driving at trial. While it was a coin-flip, at best for the defense, the persistence paid off with a plea to a driving infraction, non-crime. This outcome avoiding creating a criminal record and assure the client he would not face employment consequences for a job that requires a good driving record. In all, the North Star team successfully pushed back on a DWI/Careless Driving and obtained a traffic ticket outcome.