DWI Case Results

To see just how successful our approach is, here are some representative DWI case results:

Charges: 4th Degree DWI – Misdemeanor

Resolution: Stay of Adjudication – which means the case will be dismissed, without a conviction, after a brief probationary period. This is such an incredibly rare outcome. And, on top of the outcome itself, the terms and conditions of probation are exactly in line with a standard first-time offense – i.e. the client does not have to do anything above and beyond to get this incredible outcome. Instead, due to shrewd negotiating, leveraging a pre-trial motion, a terrific relationship with the prosecutor, and, frankly, some luck, the client was able to keep a perfect record, thereby saving his career. Only North Star achieves these type of outcomes with any consistency.

Charge: 4th Degree DWI

Resolution: Careless Driving plea. Client was charged with a DWI at a .13 alcohol concentration level. Usually, the cut-off for a careless driving plea is a .10. Still, Mr. Adkins obtained this fantastic result due to his fantastic working relationship with the prosecutor and a client that was proactive in accepting responsibility for his actions. Together, this led to getting the just result for a deserving client.

Charges: 3rd Degree DWI – Gross Misdemeanor

Resolution: Plea to an amended count of Careless Driving as a misdemeanor. Typically, any plea to a lesser count on a 3rd Degree DWI is to a 4th Degree – a benefit, but still a DWI. Here, Mr. Gempeler worked out the rare negotiation to a careless driving offense. What makes this outcome even more impressive is the fact that the client’s prior was relatively recent and he was involved in a single-vehicle accident, street-racing towards his apartment complex. Despite comments at the time of the incident that were not favorable, Mr. Gempeler still worked the case up to proffer a post-driving consumption defense that was used to leverage this incredible result. Proof again, it’s imperative to get a team that will fight hard and go the extra mile for your defense.

Charge: 3rd Degree DWI-Refusal

Resolution: Case was dismissed. Case was previously dismissed when the cop failed to show. The State re-filed the same charges. Armed with six motions, all with credible legal grounds, the cop again failed to show at the contested hearing, forcing the State to dismiss the case again. There’s probably a reason the cop didn’t show twice – he didn’t want to face the music for the bad stop and being caught on tape saying: “I have my drunk for the night.” Even if the cop showed, the outcome would have been the same.

Charges: 4th Degree DWI – Misdemeanor

Resolution: Plea to an amended count of failing to drive with due care. This was an absolutely needed outcome for a client that does a lot of business in Canada. At a .12 breath alcohol level, though, getting anything other than a DWI, let alone an outcome better than a Careless Driving, is virtually unheard of. Undeterred by these prospects, Mr. Gempeler got to work to create the best possible plea negotiation strategy, which is all that was left without any legal defense. With the assistance of an incredible and long relationship with the prosecutor – who admittedly trusts this firm, completely – this ridiculously rare outcome was achieved. As a result, the client’s business and work in Canada is saved and the single mistake will not have to hurt him going forward. These are the type of results that make us so unique and successful.

Charge: 4th Degree DWI

Resolution: DWI was dismissed and the client pled to a misdemeanor speeding citation as a separate criminal file. This outcome was critical to the client because she travels to Canada for work. And a DWI or Careless Driving conviction would result in her being denied entry, thereby resulting in her losing her job. Due to a proactive approach by the client and strong negotiations from Mr. Gempeler, the client is able to say the DWI case was dismissed in its entirety and she now only has a speeding ticket on her record. This will mean she can enter Canada without fear that this DWI record will prohibit her entry. Needless to say, this was an especially meaningful result for the client.

Charges: 4th Degree DWI – Misdemeanor

Resolution: Plea to a petty misdemeanor failing to maintain lane control. A petty misdemeanor is not a crime in Minnesota. Knowing the State had a weak case with a .078 reading (though, the State can always call an expert to show that the alcohol concentration at the time of driving was above .08), the North Star team pushed it to trial, while continually negotiating with the prosecutor. On the day of trial, with a great deal in hand, we pushed one last time and got an offer to nothing more than a simple traffic citation – a non-crime. This outcome avoids the risk of trial – and there is always risk – and obtains a non-crime, non-probationary outcome, while also avoiding any potential loss of license stemming from a potential trial loss. The client was thrilled to get such an incredible outcome, having already expressed a desire to not go to trial.

Charge: 3rd Degree DWI, Under the Influence of a Controlled Substance; 3rd Degree DWI, Under the Influence of a combination of Alcohol and a Controlled Substance; and 3rd Degree DWI, Under the Influence of a Schedule II Controlled Substance

Resolution: Case was dismissed. This fantastic result was obtained due to the development of a personalized legal strategy that pushed the right legal defenses that were leveraged during negotiations with the prosecutor. The client’s breath alcohol concentration came back at .056, yet the officer still demanded a blood test to determine the presence of a narcotic in his system. But, the client had a valid prescription for the narcotic, which was an affirmative defense raised via motion. The failure of the officer to do any further testing – such as a drug recognition evaluation – proved costly as the State was left with no evidence that the client was under the influence of the narcotic.

Charges: 4th Degree DWI – Misdemeanor

Resolution: Client pled to a misdemeanor careless driving with no jail to serve, a minimum fine, and only one-year on probation to the Court. In addition, the client did not have to waive his fight in the implied consent case. Ultimately, the license revocation that automatically happens following a DWI was rescinded. The end result for the client – no DWI on both his criminal and driving records. This is a clean sweep, victory for the client.

Charges: 2nd Degree DWI

Resolution: Case was dismissed. Mr. Adkins obtained the dismissal after successfully raising the post-incident consumption defense. The client admitted to drinking prior to driving to a local restaurant, thereby giving the prosecution traction to pursue the DWI. Mr. Adkins’ thorough investigation into the night in question led to the discovery of multiple eyewitnesses that corroborated the client’s story that he consumed a number of drinks at the restaurant, which is what ultimately led to him being well-above the legal limit. An expert report concluding that the client could not have had an alcohol concentration higher than .06 at the time of driving was the final push the prosecutor needed in order to dismiss the case short of a contested hearing. Needless to say, the client is overjoyed with Mr. Adkins’ work.