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DWI Case Results
To see just how successful our approach is, here are some representative results:
State v. Z.P.
July, 2022
Charges: License Revocation Matter
Resolution:
License revocation rescinded. The client pled guilty to an amended count of Careless Driving on a 3rd Degree DWI and preserved her right to fight the license revocation. And thanks to a strong argument and well argued written brief, the Court agreed that the administration of the breath test was done improperly, thereby jeopardizing the reliability of the test results. The license revocation was rescinded, meaning she does not have an alcohol-related loss of license on her driving record. Coupled with the plea to a non-DWI, her records remain clear of any type of DWI. This is a huge result for a deserving client.
Types of Charge(s): DWI Case Results
State v. I.A.
June, 2022
Charges: 4th Degree DWI - Misdemeanors
Resolution:
Plea to an amended charge of Careless Driving. Client had no defenses and a reading right on the fringe of viability to plead down from a DWI. Thankfully, the client took immediate proactive steps to position herself for this outcome. And armed with these steps - above and beyond what is typical - not only did the North Star team successfully avoid a DWI conviction, but the client was placed on unsupervised probation and faced a reduced fine. She was thrilled with this outcome, knowing that this conviction record will not hold her back from her lofty career aspirations.
Types of Charge(s): DWI Case Results
State v. R.B.
June, 2022
Charges: 4th Degree DWI - Misdemeanors
Resolution:
Plea to an amended charge of Careless Driving. The client blew a .13 after exhibiting rather poor driving conduct and failed the field sobriety tests. Usually, anything above a .10 is a plea to a DWI. But, doing so would jeopardize the client's employment and possibly even his career. Armed with the client's proactive steps and a diligent negotiation strategy, Mr. Gempeler worked hard with the prosecutor to get this non-DWI outcome that was absolutely critical to save the client's livelihood. Thankfully, the strategy and steps paid off and the client got the needed outcome.
Types of Charge(s): DWI Case Results
State v. S.W.
May, 2022
Charges: 3rd Degree DWI - Gross Misdemeanor; 4th Degree DWI - Misdemeanor
Resolution:
Plea to an amended count of Careless Driving. The client blew a .20, making this first-time offense a gross misdemeanor due to the elevated alcohol reading. Typically, a great outcome for a 3rd Degree DWI - especially when it's a .20 reading - is to get a plea to a misdemeanor DWI. Here, that would still result in a loss of employment because the client was a commercial airlines pilot who needed to fly in and out of Canada. Any DWI conviction prevents entry into Canada. Knowing this, Mr. Gempeler got to work advising the client on the number of steps he could take to position himself as best as possible for negotiations, and sought the needed documentation to verify everything. We also obtained an opinion letter from an aviation attorney who specialized in how DWI's impacts pilots and their ability to fly to Canada. Utilizing all of this information and proof, Mr. Gempeler engaged in lengthy and ultimately successful negotiations to get a Careless Driving plea for the client. In doing so, the client's future is preserved. A truly remarkable and rare outcome, but one that is not so rare when the North Star team is involved.
State v. R.N.
April, 2022
Charges: 3rd Degree DWI - Gross Misdemeanor
Resolution:
Plea to an amended count to a misdemeanor 4th Degree DWI. This was a first-time offense with a high reading - .20. Usually when the reading is so high - .04 above the .16 threshold to make it a gross misdemeanor - obtaining a plea to a reduced misdemeanor DWI is very difficult. The North Star team capitalized on a unique issue that it raised (but would unlikely be successful as a legal challenge) to negotiate this outstanding outcome for the client. She is thrilled that her record now shows a misdemeanor outcome consistent with a true first-time DWI, which will be much more manageable for her explaining it away during background checks.
State v. N.S.
March, 2022
Charges: 3rd Degree DWI - Refusal (Gross Misdemeanor); 4th Degree DWI - Misdemeanor
Resolution:
Case dismissed. Client was alleged to have refused the official breath test at the station. But, critically, he was not read the breath test advisory, which advises him of his legal rights (most importantly, his right to consult with a lawyer), prior to making a decision to take the breath test. Because of the officer's failure to advise him of his rights (which is required by law), the refusal could not be upheld. And without the refusal charge, the DWI investigation lacked sufficient facts to justify the fourth-degree under the influence charge. The North Star team set out to aggressively litigate these issues. But, short of the motion hearing, the State called in advance to talk over the case and quickly realized that it had to dismiss the case. After earning this dismissal, the North Star team set out to rescind the license revocation that stemmed from this unlawful criminal charge. And despite an AG attorney that would not dismiss it, we litigated the matter and successfully argued to the Court that the refusal was not lawful and the license revocation was, in fact, rescinded. A win all the way through. Another terrific result for the North Star team and proving, once again, that it's strategic and strong approach gets results!
State v. J.J.
February, 2022
Charges: 2nd Degree DWI - Gross Misdemeanors
Resolution:
Complete avoidance of mandatory jail, small fine, easy programming obligations. This case, which at the outset looked horrible for the accident and high test, evolved to an utterly soft landing with careful coaching and a committed client. A lot of joy at this hearing....
State v. J.S.
December, 2021
Charges: 3rd Degree DWI - Gross Misdemeanor
Resolution:
Stay of imposition, reducing the conviction to a misdemeanor upon his successful completion of probation. Client was denied service at a liquor store and drove home mightily impaired. After arrest, he blew a .31. Clearly, he was suffering from alcoholism. But, thankfully, he used this negative and turned it into a positive. He completed lengthy inpatient, intensive outpatient, and then outpatient treatment. Achieved sobriety and even became a speaker at the treatment center. The North Star team leveraged all of these proactive steps and a strong legal argument surrounding the stop to negotiate what will ultimately be a misdemeanor level conviction. The client is thrilled he had the North Star team fighting for him at every opportunity to get him this incredible result.
State v. Z.P.
November, 2021
Charges: 3rd Degree DWI - Gross Misdemeanor Charges
Resolution:
Plea to an amended count of misdemeanor careless driving. Additionally, the client did not waive the right to fight the implied consent, which is typically mandated anytime a plea to a non-DWI occurs. But, the North Star team pushed for this utterly incredible result for a client that had a very high alcohol concentration reading. A legal issue surrounding the legitimacy of the breath test result led to improved plea negotiations and the ability to get an outcome the client never thought possible. This is where our due diligence, research, and ability to bring to the forefront critical issues pays off for our clients. Another fantastic result by the North Star team.
State v. O.U.
November, 2021
Charges: 4th Degree DWI - Misdemeanors
Resolution:
Case dismissed. The client was arrested for allegedly driving impaired. But, both the breath and blood tests came back negative for having substances in his body. While the State kept insisting further testing would reveal illegal substances, the North Star team kept pushing, demanding a hearing for the judge to look at it. Eventually, after more than a year, the State finally dismissed the case, knowing our arguments were correct. It's amazing how often individuals can face criminal charges on assumptions. That's where we can come in and bring the fight to ensure assumptions to lead to long-lasting negative criminal and collateral consequences.
Types of Charge(s): DWI Case Results