State v. S.W.

May, 2022
Charges: 3rd Degree DWI - Gross Misdemeanor; 4th Degree DWI - Misdemeanor

Plea to an amended count of Careless Driving. The client blew a .20, making this first-time offense a gross misdemeanor due to the elevated alcohol reading. Typically, a great outcome for a 3rd Degree DWI - especially when it's a .20 reading - is to get a plea to a misdemeanor DWI. Here, that would still result in a loss of employment because the client was a commercial airlines pilot who needed to fly in and out of Canada. Any DWI conviction prevents entry into Canada. Knowing this, Mr. Gempeler got to work advising the client on the number of steps he could take to position himself as best as possible for negotiations, and sought the needed documentation to verify everything. We also obtained an opinion letter from an aviation attorney who specialized in how DWI's impacts pilots and their ability to fly to Canada. Utilizing all of this information and proof, Mr. Gempeler engaged in lengthy and ultimately successful negotiations to get a Careless Driving plea for the client. In doing so, the client's future is preserved. A truly remarkable and rare outcome, but one that is not so rare when the North Star team is involved.

Types of Charge(s): DWI Case Results, Gross Misdemeanor