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Minor Consumption
To see just how successful our approach is, here are some representative results:
State v. D.M.
December, 2023
Charges: Underage Drinking and Driving - Misdemeanor; Two traffic violations, including failing to move over for an emergency vehicle.
Resolution:
Dismissed. The client was alleged to have not moved over for a cop on a two-lane road (which is completely false) and then is alleged to have yelled something at the cop, prompting him to give chase. Once he was pulled over, the cop immediately arrested the client and then made up an allegation of possible impairment to justify the actions to that point. But the video showed the cop was wildly unjustified in his conduct and failed to get a warrant for the breath test - which is necessary for a mere underage drinking and driving charge. Long story short, the State dismissed the entire case prior to the contested hearing. Doing so shows just how egregious the cop's conduct was and why the fight by Mr. Gempeler and the North Star team was so critical for the client.
State v. L.X.
August, 2021
Charges: Furnishing Alcohol to Minors - Gross Misdemeanor
Resolution:
Case dismissed. The client was caught selling alcohol to a minor as a liquor store employee. It was a sting operation, so no real defense presented itself. Yet, the North Star team knew how to negotiate with the prosecutor and get the client to take sufficient proactive steps to earn this agreed-upon dismissal. Another incredible result for a deserving client.
State v. M.I.
April, 2021
Charges: Underage Drinking and Driving - Misdemeanor
Resolution:
Plea to an amended petty misdemeanor count. The client retained North Star after already pleading guilty to the crime and receiving a misdemeanor sentence that included 10 days of stayed jail. So, not only were we trying to negotiate a non-criminal outcome, but we also had to get the Court and prosecutor to agree to withdraw the guilty plea to begin with. Thankfully, a strategic approach coupled with a proactive step by the client hit the right note and the prosecutor got on board with our request. The end result is that the client will not have a criminal record. For such a young kid, that is absolutely critical to achieve. What makes this more remarkable is that she blew a .06 - needless to say, avoiding a criminal record when she was nearly over the legal limit is a terrific case result.
State v. M.K.
June, 2020
Charges: Obstructing Legal Process - Gross Misdemeanor;
Fleeing on Foot, Underage Consumption, Fake ID, and Public Urination - Misdemeanors
Resolution:
Stay of Adjudication to the Fleeing on Foot charge and a petty misdemeanor conviction for the underage consumption charge. The remaining charges were dismissed. With a stay of adjudication, the client is never convicted of the offense, so long as he abides by manageable terms of probation for one-year. And after he does this, he will walk away from this case without a single criminal conviction on his record since the petty misdemeanor conviction is not a crime under Minnesota law. For a college student who was doing well and has a bright future, avoiding a long-lasting criminal conviction record was necessary. Thankfully, he heeded North Star's advice to take proactive steps that convinced the prosecutor that he was a good kid, who just made some poor decisions one night. Another fantastic result for our client.
Types of Charge(s): Gross Misdemeanor, Minor Consumption, Misdemeanor, Obstructing Legal Process Case Results
State v. J.M.
May, 2020
Charges: Underage Consumption - Misdemeanor
Resolution:
Case DISMISSED. For a young man, with an incredibly bright future, a lot was at stake to avoid a criminal record. But, the client made some smart decisions at the time of the incident, including not submitting to a PBT. Such a PBT is a search and can be declined. He smartly did so, leaving little other evidence to support the charge. And after a careful review of the evidence, including a diligent review of the evidence involving the other kids at the scene, the North Star team developed a strong argument that there simply was insufficient evidence for the case. So, some communications with the prosecutor - who we have a great relationship with (which always helps) - led him to realize the same thing and the State dismissed the case - without even a motion to dismiss pending. A perfect and just result for a good young man.
State v. A.S.
February, 2016
Charges: Underage Consumption
Resolution:
Continuance for dismissal. The client was in the process of wrapping up a prior underage consumption citation when he picked up a second while in school. Despite two pending underage consumptions, Mr. Gempeler was able to negotiate a resolution that will prevent any conviction on his record, which is critical for a college student about to enter the work force.
State v. A.S.
October, 2015
Charges: Underage Consumption and Speeding
Resolution:
Continuance for dismissal on both charges. The prosecutor's initial offer was for client to plead to one charge as a petty misdemeanor and dismiss the other. Through strategic and persuasive negotiations, Mr. Gempeler talked the prosecutor into giving a continuance for dismissal on minimal court costs, thereby allowing the client the ability to keep his criminal and driving record clean. An important result for a college student.