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DWI Case Results
To see just how successful our approach is, here are some representative results:
State v. C.Q.
September, 2024
Charges: Fleeing in a Motor Vehicle - Felony; DWI-Refusal - Gross Misdemeanor
Resolution:
Plea to a gross misdemeanor DWI-Refusal and the felony count is dismissed. Additionally, the sentence called for no jail, a minimal fine, and merely staying on track with treatment and programming already engaged in. Considering he was facing a felony fleeing charge, avoiding a felony and any custody is remarkable. This outcome also ensured he would have the high-priced vehicle returned to him and not lose his license (and not able to use ignition interlock) because of the fleeing charge. Overall, a truly fantastic result for a client that was thrilled to have Mr. Gempeler and the North Star fighting for him.
State v. T.R.
August, 2024
Charges: 4th Degree DWI - Misdemeanor
Resolution:
Plea to an amended count of careless driving. What makes this such a phenomenal result is that the client blew a .14. Usually, the cut-off for a non-DWI/careless driving plea is .09 or .10. So, to get this at a .14 required a lot of creativity, persistence, and the illusion of leverage that ultimately led to such a fantastic plea deal. The client is thrilled to have achieved this outcome because of Mr. Gempeler's tenacity.
State v. R.K.W.
June, 2024
Charges: 2nd Degree DWI - Gross Misdemeanor (2 counts); Obstruction of Legal Process & a separate Driving After Cancellation - Inimical to Public Safety (GM)
Resolution:
Plea to a single DWI count, dismiss remaining two counts of the DWI case (including the obstruction of legal process charge) AND dismiss the entire separate case for driving after cancellation - inimical to public safety. Not only that, but the sentence did not include a term of in-custody time, which is mandated by law. This is truly a phenomenal result and one that can only be achieved through the creative and aggressive negotiation skills from the North Star team.
Types of Charge(s): DWI Case Results, Gross Misdemeanor, Obstructing Legal Process Case Results, Traffic Violations Case Results
State v. S.L.
June, 2024
Charges: 3rd Degree DWI-Refusal - Gross Misdemeanor
Resolution:
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. L.H.
June, 2024
Charges: 3rd Degree DWI - Gross Misdemeanor
Resolution:
Plea to a single count, no jail to serve, and a minimal term of probation. The client blew nearly triple the legal limit and got into a single-vehicle accident. Needless to say, difficult facts to overcome, especially with no real legal defense to try to leverage. The prosecutor initially offered time to be served in custody and a minimum of four-years probation. Through a strategic approach that used time to the advantage, Mr. Gempeler eventually obtained a plea negotiation that avoided jail, lowered the probationary period to two-years, and the remaining terms and conditions are very straight forward. Considering what he was up against, the client is very pleased with this outcome and avoiding what would have come had he chosen a different firm to represent him.
State v. W.T.
May, 2024
Charges: 3rd Degree DWI-Refusal - Gross Misdemeanor; 4th Degree DWI-Misdemeanor; Careless Driving - Misdemeanor
Resolution:
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. K.B.
May, 2024
Charges: 4th Degree DWI - Misdemeanor
Resolution:
Dismissed. After carefully scrutinizing the discovery and, most importantly, the squad video, Mr. Gempeler detected that the Officer was clearly fishing for DWI's at a common happy hour destination and, as a result, the alleged basis for the stop was completely fabricated. Once this was brought to the State's attention, they reviewed it on their own and made the decision to dismiss the case - well in advance of the scheduled contested hearing. Such a result is atypical because, even in these types of instances, prosecutors will often just let the judge do the hard job of dismissing the case, rather than them doing the right thing. But Mr. Gempeler's advocacy and respect from his peers earned this outcome for a deserving client.
On top of that, Mr. Gempeler won the implied consent battle. But, he didn't just win it, his cross was so effective that the Attorney General handling the case dismissed the fight without even re-directing the officer. She knew there was no coming back from the cross and dismissed it outright in the middle of the hearing. This is literally unheard of. Even the Judge was caught off guard, commenting not only on the excellent cross, but also that she had never seen a dismissal mid-hearing like that.
State v. J.Z.
April, 2024
Charges: 2nd Degree DWI - Gross Misdemeanor
Resolution:
Challenging factual scenario in greater MN, which often means awful/draconian sentences, but not with North Star on the job. Outstanding result, no jail, no EHM, minimal license impact, for a hustling and devotedly sober client, changing life-decisions where a skeptical prosecutor and judge couldn’t help but notice, and reward. Fantastic result.
Types of Charge(s): DWI Case Results
State v. D.T.
April, 2024
Charges: 3rd Degree DWI-Refusal - Gross Misdemeanor; 4th Degree DWI - Misdemeanor
Resolution:
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. J.W.
April, 2024
Charges: 3rd Degree DWI - Gross Misdemeanor (two charges)
Resolution:
Plea to a misdemeanor 4th degree DWI. On top of getting this in line with a true first-time DWI as far as the misdemeanor conviction, the sentence included no jail, credit for all of the proactive steps taken, a minimum fine, and even probation to the court. All in all - a great outcome for a client that owned up to his mistakes and worked hard to put it in his past. This outcome should ensure it has little impact on him as he moves forward.