Gross Misdemeanor

To see just how successful our approach is, here are some representative results:

State v. F.M.

January, 2023
Charges: Escape from Custody - Gross Misdemeanor; Probation Violation in separate DWI matter

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

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.

Types of Charge(s): DWI Case Results, Gross Misdemeanor

State v. M.Y.

December, 2022
Charges: 3rd Degree DWI - Refusal (Gross Misdemeanor); 4th Degree DWI (Misdemeanor

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.

Types of Charge(s): DWI Case Results, Gross Misdemeanor

State v. E.B.

December, 2022
Charges: 2nd Degree DWI - Gross Misdemeanors

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.

Types of Charge(s): DWI Case Results, Gross Misdemeanor

State v. I.T.

October, 2022
Charges: 3rd Degree DWI - Gross Misdemeanor

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.

Types of Charge(s): DWI Case Results, Gross Misdemeanor

State v. C.L.

July, 2022
Charges: 2nd Degree DWI - Gross Misdemeanors

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.

Types of Charge(s): DWI Case Results, Gross Misdemeanor

State v. T.Y.

July, 2022
Charges: 3rd Degree DWI - Gross Misdemeanors

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!

Types of Charge(s): DWI Case Results, Gross Misdemeanor

State v. S.W.

May, 2022
Charges: 3rd Degree DWI - Gross Misdemeanor; 4th Degree DWI - Misdemeanor

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.

Types of Charge(s): DWI Case Results, Gross Misdemeanor

State v. W.F.

May, 2022
Charges: Carrying a pistol without a permit - Gross Misdemeanor; No Drivers License in Possession - Misdemeanor

Continuance for dismissal to an amended count of driving after revocation with the gun charge dismissed as part of the amended complaint filed in advance of the agreement being finalized. The client was charged for driving with a handgun in his glove compartment. But, he was using his girlfriends vehicle and there was no evidence that he knew the gun was in the vehicle prior to using it. As a result, the knowledge element of the charge could not be satisfied and the State even agreed. Once the gun charge was dismissed, the agreement to suspend prosecution came together quickly. This outcome is much needed for the client, as the mere charge itself had caused lost job opportunities. Now, he will walk away without a conviction following an easy term of probation. The client is thrilled he hired the North Star team to fight for him against these bogus charges.

Types of Charge(s): Gross Misdemeanor

State v. R.N.

April, 2022
Charges: 3rd Degree DWI - Gross Misdemeanor

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.

Types of Charge(s): DWI Case Results, Gross Misdemeanor