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Careless / Reckless Driving
To see just how successful our approach is, here are some representative results:
State v. S.E.
January, 2024
Charges: Careless Driving - Misdemeanor
Resolution:
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
Resolution:
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
Resolution:
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.
State v. N.N.
February, 2023
Charges: Reckless Driving - Misdemeanor; Speeding in Excess of 100+ mph
Resolution:
Plea to a petty misdemeanor speeding ticket, amended to 80 mph in a 60 mph speed limit zone. This result accomplishes two key things that were very important to the client: (1) he will not lose his license due to the 100+ mph allegation; and (2) he does not create a criminal record from a traffic matter. Once the North Star team fought to get this outcome on the table, the client quickly scooped it up, realizing how great it is.
State v. W.S.
November, 2022
Charges: Reckless Driving and Speeding in Excess of 100+ - both misdemeanors
Resolution:
Continuance for dismissal. Obtaining this incredible outcome (literally cannot get a better negotiated outcome) is even more remarkable considering how tough it is to get or something slightly worse on just a reckless driving or speeding ticket. But, when both charges are present, this type of outcome is almost unheard of. Working to our benefit is that the officer was a bit aggressive including the reckless driving charge. Arguing this to a prosecutor who agreed with us presented the unique opportunity to push for this fantastic result. And considering a co-defendant received a worse outcome, the client is thrilled he chose North Start to fight for him.
State v. D.M.
October, 2022
Charges: Reckless Driving, including one count of reckless driving, street racing; Careless Driving - Misdemeanors
Resolution:
Stay of adjudication to the reckless driving count, with the other street racing reckless and careless driving counts dismissed. The client has a minimal fine and cannot have any careless or reckless offenses for one year in order to earn the non-conviction for this serious case. The facts were not good, to put it nicely. They involved an accident where the client's passenger was hurt and an allegation that street racing was occurring. The combination of which is often damn near impossible to overcome. Undeterred, the North Star team pushed and was creative in negotiations, including leveraging the possibility of trial, to achieve this incredible outcome.
State v. S.W.
January, 2022
Charges: Careless Driving - Misdemeanor (for running her mouth to a salty trooper)
Resolution:
Continued for dismissal, after MONTHS of denial of that outcome by a predecessor prosecutor. In this matter, concerning a wonderful lady with an impressive temper, who barked up her arresting Trooper quite a bit, was looking straight at a conviction from the original prosecutor, but Mr. Adkins knew that delays and care would be productive. When a new firm took that city's contract, the CFD was in hand, and the client avoids a sticky insurance increase. Timing is everything, nowhere more so than in criminal and traffic defense. Get yourself a lawyer who knows the players, and the playing field.
State v. J.R.
November, 2021
Charges: Reckless Driving - Street Racing; Failing to Drive with Due Care; Speeding - Misdemeanors
Resolution:
Stay of adjudication. The client was caught essentially racing another vehicle, going excessive speeds in a fairly high traveled road. Prosecutors are typically aggressive in pursuing convictions against these serious allegations and misconduct. Undeterred, the North Star team pushed in negotiations, highlighted the client's good driving record and willingness to take proactive steps, and secured this incredible result - one in which the client will not have a conviction on his record.
State v. M.O.
August, 2020
Charges: Careless Driving - Misdemeanor
Resolution:
Plea to charge as a petty misdemeanor. The client engaged in driving conduct that undoubtedly fit the bill for a Careless Driving charge - even if some attenuating circumstances existed. Compounding the driving conduct was the fact that the client had a commercial drivers license. By law, prosecutors are unable to negotiate off a traffic violation when dealing with a commercial driver. Still, the North Star team successfully negotiated the plea deal to a petty misdemeanor offense, which is a non-crime in Minnesota. Avoiding a true criminal record was crucial to the client. In doing so, he avoided any employment consequence and the North Star team assured him that the record would not lead to a loss of his commercial driving privileges. Given everything, this was a great result for a deserving client.
State v. H.T.
May, 2020
Charges: Reckless Driving - Misdemeanor
Resolution:
Stay of Adjudication. Client is a young man that was concerned that a conviction to the offense could lead to a job consequence. Despite no real defense, the North Star team advised the client on some proactive steps that he could take to improve our negotiating leverage. And it worked! The prosecutor appreciated the steps taken and knowing that the client learned his lesson from his poor decision-making. The result is this incredible outcome, one that gives the client the opportunity to avoid any conviction and maintain his employment without concern.