Careless / Reckless Driving

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

State v. B.L.

December, 2024
Charges: Careless Driving and Leaving the Scene of an Accident - Misdemeanor Counts

Stay of adjudication to the leaving the scene count and the careless driving is dismissed. This was essentially a DWI, but he was not stopped at the time and not investigated into until the next morning - meaning they had no way of proving impairment. Still, it was a serious matter. Despite that, Mr. Gempeler worked hard on the prosecutor to achieve an outcome that results in a non-conviction - a truly remarkable outcome considering the severity of the incident.

State v. A.P.

November, 2024
Charges: Reckless Driving - Misdemeanor

Stay of adjudication. The client was driving on a gravel road and trying to do tail-whips. It did not go well, as he ended up in the ditch with two other passengers also in the car. Thankfully no injuries, but certainly a risky situation. The gravel road offered strong circumstantial proof of this driving misconduct. Undeterred, the North Star team negotiated this great outcome from a County Attorney's office notoriously difficult to deal with. Now, our client keeps his record crime free and won't have this negatively impact him (and his insurance, for instance) moving forward.

State v. J.K.

June, 2024
Charges: Careless Driving - Misdemeanor

Diversion that will result in a complete dismissal of the case without any admission or plea entered on the record. The client was fortunate to avoid a DWI based on the circumstances and instead only faced a careless driving. Even still, Mr. Gempeler and the North Star team successfully navigated the case, leaned on our great relationships with the local prosecutors, and secured this incredible outcome. Another fantastic result due to North Star's work.

State v. S.L.

June, 2024
Charges: 3rd Degree DWI-Refusal - Gross Misdemeanor

Plea to an amended count of careless driving. On top of this incredible outcome, the client has no jail to serve, no community service, a minimal fine, and essentially administrative probation for one year. The client was alleged to have refused the breath test, despite trying to provide an adequate sample. She suffered from asthma, which was exacerbated under high stress - such as being arrested for a DWI. Working with the client to get medical records verifying this, Mr. Gempeler was able to leverage this imperfect defense (imperfect because it is not recognized under the law) and the client's proactive steps to achieve this incredibly rare and fantastic outcome. A careless driving plea deal - without litigating - on a refusal charge is nearly unheard of. But these types of rare outcomes are commonplace when the North Star team is involved.

State v. W.T.

May, 2024
Charges: 3rd Degree DWI-Refusal - Gross Misdemeanor; 4th Degree DWI-Misdemeanor; Careless Driving - Misdemeanor

Plea to count 3, the misdemeanor careless driving, and the other two DWI counts were dismissed. Additionally, the client had no jail to serve and was placed on administrative probation. Even with a losing argument, the North Star team properly leveraged a motion hearing and witness availability issues for the State to get this utterly fantastic outcome. The client was uncooperative due to wanting to speak with an attorney - while a constitutional right, often, not at the times he was asking for the attorney. Despite the challenges it faced, the North Star team executed a savvy strategy and achieved the outcome the client needed.

State v. D.T.

April, 2024
Charges: 3rd Degree DWI-Refusal - Gross Misdemeanor; 4th Degree DWI - Misdemeanor

Plea to an amended count of careless driving as a misdemeanor. No jail or community service, a minimal fine, and only one year of probation with easy conditions to follow. The deal was so good, in fact, that the Judge was questioning the prosecutor about how they were willing to offer a Careless on a Gross Misdemeanor DWI-Refusal. The Judge commented that he understood an agreement to a misdemeanor DWI, but to get a Careless was a bit shocking, to say the least. This is the type of outcome that isn't so atypical when the North Star team is involved. Getting so good of outcomes that it even surprised the Court.

State v. A.C.

January, 2024
Charges: Reckless Driving, Careless Driving, and Speeding

Stay of adjudication to the careless driving charge and the remaining two are dismissed. Client was alleged to be going 90 mph, weaving in and out of traffic, tailgating, etc. The video did not show the full scope of this driving conduct due to how far back the squad vehicle was. And the client explained he was trying to get home to a sick wife. Without any legal defense, the North Star team were able to negotiate an outcome that results in no conviction, which is fantastic and frankly a bit unexpected given the 90 mph alleged speed. Typically, the prosecutor would want at least the speeding ticket as a conviction, but we successfully avoided even that.

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.

State v. S.N.

January, 2024
Charges: Careless Driving - Misdemeanor; Speeding in Excess of 100 mph - Petty Misdemeanor

Case dismissed on the day of the court trial. The client was alleged to have committed a serious traffic offense due to his excessive speed. At the pre-trial, the North Star team successfully negotiated with the prosecutor in convincing them that this was not a careless driving case simply due to the excessive speed. And despite all of the North Star team's efforts to negotiate prior to trial, the State was unrelenting in moving off of the excessive speed charge, which would result in a six-month revocation. Ready for trial, the North Star team pushed and the State had to dismiss the case due to witness problems.

State v. M.F.

August, 2023
Charges: 4th Degree DWI - Two Misdemeanor Counts

Plea to an amended count of Careless Driving. The client had zero viable defenses and blew a .11 - which is typically too high to negotiate a non-DWI outcome without a legal defense to leverage. As a professional in the healthcare industry, a DWI conviction would have posed problems going forward for her professional license. With so much at stake and not a lot to work with, Mr. Gempeler created what leverage he could and leaned into his relationship with the prosecutor to obtain this incredible and needful outcome. The client is thrilled that an outcome that seemed beyond her grasp was achieved thanks to the North Star team.