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Gross Misdemeanor
To see just how successful our approach is, here are some representative results:
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. 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. T.C.
February, 2023
Charges: School Bus Stop Arm Violation - Gross Misdemeanor
Resolution:
Continuance for dismissal. Even with the presence of children outside the bus, the North Star team (both Mr. Gempeler and Mr. Duffy) achieved this best possible plea negotiation. Usually, these are rare outcomes for a gross misdemeanor offense involving children. Thankfully, we knew how to approach the case, made a strong pitch, and, of course, our strong relationships with the prosecutors once again did not hurt our clients when we advocated on their behalf. What makes this outcome that much more important is that the client will be applying for naturalization in the coming year and this outcome will greatly reduce any impact this could have had on their application.
State v. F.M.
January, 2023
Charges: Escape from Custody - Gross Misdemeanor; Probation Violation in separate DWI matter
Resolution:
Executed sentence on the underlying probation violation matter and a stay of execution with no additional time to serve on the Escape from Custody case. The client absconded from custody after not returning to jail from work release. He was on the run for a year before getting picked up on a new crime in a different county. This was also a second violation of his probation for the underlying DWI. In a county known for being unfriendly to defendants, the North Star team litigated this matter and worked hard on a strong sentencing argument in what was otherwise a lost case. The County Attorney requested an additional 90 days to be served on the Escape charge after the client was ordered to complete the full sentence of the DWI. After litigating the matter, the County Attorney then asked for a full year to be consecutive to the DWI sentence. Thankfully, Mr. Gempeler made a thoughtful and strong sentencing argument. And the Judge gave our client one final chance, ordering he receive a stay of execution (meaning NO JAIL (which was beyond even our expectations)) on the escape from custody case. The client and his wife are so happy they retained the North Star team to fight for them when they needed an advocate the most.
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.
State v. M.Y.
December, 2022
Charges: 3rd Degree DWI - Refusal (Gross Misdemeanor); 4th Degree DWI (Misdemeanor
Resolution:
Plea to an amended count of careless driving. The client faced a bogus (arguably) charge of refusal, despite making multiple attempts to submit a sufficient breath test. Leveraging a legal issue relating to this, the North Star team successfully negotiated this fantastic outcome without even having to argue it to the court. Now, a gross misdemeanor offense is reduced to a non-DWI misdemeanor conviction that does not include any time to serve.
State v. E.B.
December, 2022
Charges: 2nd Degree DWI - Gross Misdemeanors
Resolution:
Dismissed. Client was facing second-degree DWI charges stemming from a second-time DWI and a high reading. But, she made the right decision to retain Mr. Gempeler and the North Star team to fight for her. The officer made a welfare check for the client's car parked on the side of an on-ramp. The reports don't mention the positive facts, but the video shows - despite the presence of multiple clues of possible impairment - that the Officer stated (TWICE) that he did not believe the client was impaired. So, a later DWI investigation seemed to be beyond the scope of the stop and interaction. After raising this issue, the prosecutor called Mr. Gempeler the day before the contested hearing and agreed to dismiss the case entirely. Another incredible outcome for the North Star team.
State v. I.T.
October, 2022
Charges: 3rd Degree DWI - Gross Misdemeanor
Resolution:
Dismissed on the morning of trial. The client was wrongly accused of being in physical control of a vehicle, when he instead was merely a passenger with his buddy as they were using the vehicle to stay warm and find a sober ride home. Armed with a strong defense for trial, the client refused all offers, even when they kept improving on the doorstep of trial. Ready for his day in court and for a jury to find in his favor, the State finally dismissed the case. Understandably, a huge win for a deserving client. And it goes to show, being prepared and willing to take on a trial can lead to great results, even without a trial actually starting.
Update: The North Star team successfully litigated the implied consent license revocation, arguing the client was not in physical control of the vehicle. The Judge agreed and gave the client back his driving privileges and his driving record will not have the equivalent of a DWI on his record. This is a complete win on all fronts by North Star.
State v. C.L.
July, 2022
Charges: 2nd Degree DWI - Gross Misdemeanors
Resolution:
Plea to a single count of gross misdemeanor DWI. What makes this outcome so great is the sentence received. The client was dead to rights and had no legal defense. He had two prior DWI's within ten years and a high reading of .21 - this is often referred to as a Super-2 DWI. For a third-offense, the statutory mandate is for 30 days to be served in custody with 60 days on house arrest. Here, the client was sentenced to only 30 days on house arrest and placed on unsupervised probation for just two years. Needless to say, a fantastic outcome considering what should have been coming his way.
State v. T.Y.
July, 2022
Charges: 3rd Degree DWI - Gross Misdemeanors
Resolution:
Plea to an amended count of 4th Degree DWI as a misdemeanor. This is truly a remarkable outcome for the client because she registered a .26 breath alcohol concentration - more than three times the legal limit. Negotiating down to a misdemeanor DWI is no easy task, even when the client blows a .17 (just over the .16 aggravating factor level). So, to achieve a misdemeanor outcome with this high of a reading is unheard of - except for when North Star Criminal Defense gets involved (because this isn't our first time pulling this off even). Taking a big picture approach, the North Star team figured out what was at stake and how to get the outcome needed for the client to be able to keep moving forward without having this be a major hurdle. Mission accomplished!