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DWI Case Results
To see just how successful our approach is, here are some representative results:
State v. B.P.
September, 2023
Charges: 4th Degree DWI - Misdemeanor
Resolution:
Plea to an amended count of Failing to Drive with Due Care. The client blew a .09, but he passed two of the three field sobriety tests, contrary to what the arresting officer reported. Without any other real defense, Mr. Gempeler leveraged the cops deceit in negotiations with the prosecutor - one who he has an excellent relationship with - and was able to achieve this incredible outcome. Typically, a great outcome for most other defense attorneys would be a careless driving, but the North Star team shoots for even better and can often get it done, like in this case.
State v. A.S.
September, 2023
Charges: 2nd Degree DWI - Gross Misdemeanors
Resolution:
Plea to an amended count of 3rd Degree DWI, no jail to serve, and probation to the Court. This DWI occurred in a northern County, which is notorious for seeking harsh sentences for this type of offense, including at least 30 days in jail, and no use of alcohol and random testing. The North Star team carefully scrutinized the evidence, discovered a legal issue to raise, and then leveraged that, along with the client's proactive steps, to achieve this fantastic result - a plea to a lesser count, no jail, no alcohol restriction, no random testing, and no probation. And the topper is the fine was reduced by $600 through negotiations.
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. J.B.
June, 2023
Charges: 3rd Degree DWI-Refusal - Gross Misdemeanor; 4th Degree DWI - Misdemeanor
Resolution:
Plea to the misdemeanor 4th Degree DWI. Client was placed on probation with no time to serve, credit for the proactive steps completed, and we even argued successfully to the Court to not impose a no use and testing provision due to the client's business development obligations. What makes this result so fantastic is that the client was uncooperative with police overall (including refusing both the evidentiary test at the station and the PBT on the side of the road) and demonstrated tell-tale signs of significant impairment. Under those circumstances, obtaining a plea deal to the fourth-degree is very hard to achieve, especially in Scott County. Still, Mr. Gempeler achieved exactly this and the desired terms of probation from the Court. Another great result achieved by the North Star team.
State v. D.S.
June, 2023
Charges: 3rd Degree DWI - Aggravating Factor for +.16 - Gross Misdemeanors
Resolution:
Plea to one count of 3rd Degree DWI, but no time to serve and minimal terms of probation. What makes this outcome so great is that the State initially asked for 45 days to be served either in jail (which would include good time) or EHM, and a $1,000 fine. After extensive negotiations, Mr. Gempeler got this offer reduced to basically nothing - no time to serve and half the fine. This was a great result when there was absolutely nothing to work with from the case itself and the elevated alcohol reading made a misdemeanor outcome impossible to achieve. The client truly appreciated Mr. Gempeler's persistence and fight to get the sentence minimized so dramatically.
State v. R.W.
May, 2023
Charges: 2nd Degree DWI - Gross misdemeanor; Misdemeanor DWI; Open Bottle violation - misdemeanor
Resolution:
Plea to a gross misdemeanor DWI with a sentence that ignored the statutory minimums. For a second time offense with an elevated alcohol reading, the client should have had additional time to serve along with a lengthy term of house arrest and probationary period. Instead, the client is not required to serve any additional time, has no house arrest to serve, and is only placed on probation for one-year. This is an incredible outcome, considering the first offer wanted a lengthy term of house arrest, a longer probationary period, and a requirement to enlist in the ignition interlock program. For a client that lives in Iowa, avoiding the hassle with much of this offer was imperative, especially with potential job consequences in play. Thankfully, the North Star team pushed hard for the outcome achieved and the client is very pleased to have retained North Star to fight on his behalf.
State v. K.B.
April, 2023
Charges: 4th Degree DUI - Marijuana - Misdemeanor
Resolution:
Acquittal at trial. Client was alleged to be impaired by marijuana in his system. But, the evidence was severely lacking and, worse yet, the arresting officer actively misled and lied about field test results in his reports. Needless to say, that led to a thorough dismantling of the officer at trial by Mr. Gempeler's cross-examination - even getting the officer to admit, under oath, that he lied in a search warrant affidavit that he submitted to a judge. The jury needed just 30-minutes of "deliberation" to return a verdict of not guilty. Mr. Gempeler's trial skills, once again, overwhelmed the State's case and made the jurors decision easy in returning this just and correct not guilty verdict.
State v. S.M.
March, 2023
Charges: 3rd Degree DWI - Gross Misdemeanor - aggravating factor due to high reading
Resolution:
Plea to an amended count of misdemeanor 4th Degree DWI. Not only did we achieve a plea to a misdemeanor DWI - a much improved record from the gross misdemeanor charge - but the client was placed on unsupervised probation, meaning he never has to meet with probation or pay the probationary charge (a hidden fee that we are always cognizant of and try to avoid if possible). Despite a reading more than two times the legal limit and no viable defenses, the client never served time in custody, has the minimum fine to pay, and never has to deal with probation. A great outcome under these circumstances and the goal the client had in retaining us.
State v. L.L.
February, 2023
Charges: 4th Degree DWI - Misdemeanor
Resolution:
Stay of adjudication to an amended count of careless driving. This is a remarkable outcome - one that rarely gets approved for DWI's, but one that we've obtained for our clients... multiple times. The North Star team leveraged a strong legal argument in negotiating an outcome where the client removes all risk and assures herself of the non-conviction outcome after abiding by minimal terms of probation for one-year. With the non-conviction outcome available, she could not turn down this incredible outcome. She is thrilled to keep her record clean.
State v. J.L.
January, 2023
Charges: 3rd Degree Refusal - Gross Misdemeanor; 4th Degree DWI - Misdemeanor
Resolution:
Plea to a misdemeanor 4th degree DWI and dismissal of the more serious gross misdemeanor refusal charge. On top of getting the plea to a misdemeanor, the sentence called for no jail or community service, a minimal fine, and easy to follow terms of probation. The client had zero defenses and had a high PBT reading. Still, the North Star team achieved exactly what it and the client set out to with plea negotiations and was able to convince the prosecutor to come off his initial offer to the gross misdemeanor. Another satisfied client, thankful for the hard work and diligence by North Star.