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Misdemeanor
To see just how successful our approach is, here are some representative results:
State v. L.C.
October, 2024
Charges: School Bus Stop Arm Violation - Misdemeanor
Resolution:
Dismissed for lack of probable cause. The client drove past the school bus as the red lights were flashing and the stop arm was in the process of extending out. It was not fully extended. Due to this, Mr. Gempeler raised a creative and correct legal argument that the statute requires the stop arm to be fully extended, not in the process of it, in order for a person to be charged with this offense. After oral arguments, the judge agreed and dismissed the case. Another fantastic result due to the diligence and persistence of the North Star team.
State v. T.R.
August, 2024
Charges: 4th Degree DWI - Misdemeanor
Resolution:
Plea to an amended count of careless driving. What makes this such a phenomenal result is that the client blew a .14. Usually, the cut-off for a non-DWI/careless driving plea is .09 or .10. So, to get this at a .14 required a lot of creativity, persistence, and the illusion of leverage that ultimately led to such a fantastic plea deal. The client is thrilled to have achieved this outcome because of Mr. Gempeler's tenacity.
State v. S.B.
July, 2024
Charges: 5th Degree Assault and Disorderly Conduct - Misdemeanors
Resolution:
Stay of Adjudication. The client thoroughly assaulted her ex-boyfriend's side lady and there were no meaningful defenses. Making matters worse, as an educator, an assault conviction could lead to a loss of career. The State's initial offer was to a plea and conviction. Undeterred, Mr. Gempeler and his team pushed back, leaned on the right leverage pieces (including a somewhat plausible self-defense claim), and negotiated this fantastic result through creative negotiations.
State v. K.B.
May, 2024
Charges: 4th Degree DWI - Misdemeanor
Resolution:
Dismissed. After carefully scrutinizing the discovery and, most importantly, the squad video, Mr. Gempeler detected that the Officer was clearly fishing for DWI's at a common happy hour destination and, as a result, the alleged basis for the stop was completely fabricated. Once this was brought to the State's attention, they reviewed it on their own and made the decision to dismiss the case - well in advance of the scheduled contested hearing. Such a result is atypical because, even in these types of instances, prosecutors will often just let the judge do the hard job of dismissing the case, rather than them doing the right thing. But Mr. Gempeler's advocacy and respect from his peers earned this outcome for a deserving client.
On top of that, Mr. Gempeler won the implied consent battle. But, he didn't just win it, his cross was so effective that the Attorney General handling the case dismissed the fight without even re-directing the officer. She knew there was no coming back from the cross and dismissed it outright in the middle of the hearing. This is literally unheard of. Even the Judge was caught off guard, commenting not only on the excellent cross, but also that she had never seen a dismissal mid-hearing like that.
State v. R.E.G.
February, 2024
Charges: 5th Degree Assault - Misdemeanor
Resolution:
Stay of adjudication with minimal terms of probation above and beyond what the client is already doing. This was a rather non-descript case - an assault caused by severe impairment. The client did the right things after in getting an assessment and cutting out alcohol. Still, the County Attorney took the case much more serious, demanding a conviction and possible time to be served initially. Undeterred, Mr. Gempeler pushed back, even had the case set for trial, and continued pressing on the prosecutor to get the appropriate and just outcome. Finally, after these strategic efforts and dogged negotiations, the client got the right deal and is happy to be able to move forward without this drunken night further impacting him.
State v. A.C.
January, 2024
Charges: Reckless Driving, Careless Driving, and Speeding
Resolution:
Stay of adjudication to the careless driving charge and the remaining two are dismissed. Client was alleged to be going 90 mph, weaving in and out of traffic, tailgating, etc. The video did not show the full scope of this driving conduct due to how far back the squad vehicle was. And the client explained he was trying to get home to a sick wife. Without any legal defense, the North Star team were able to negotiate an outcome that results in no conviction, which is fantastic and frankly a bit unexpected given the 90 mph alleged speed. Typically, the prosecutor would want at least the speeding ticket as a conviction, but we successfully avoided even that.
State v. S.N.
January, 2024
Charges: Careless Driving - Misdemeanor; Speeding in Excess of 100 mph - Petty Misdemeanor
Resolution:
Case dismissed on the day of the court trial. The client was alleged to have committed a serious traffic offense due to his excessive speed. At the pre-trial, the North Star team successfully negotiated with the prosecutor in convincing them that this was not a careless driving case simply due to the excessive speed. And despite all of the North Star team's efforts to negotiate prior to trial, the State was unrelenting in moving off of the excessive speed charge, which would result in a six-month revocation. Ready for trial, the North Star team pushed and the State had to dismiss the case due to witness problems.
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. T.R.
November, 2023
Charges: Disorderly Conduct - Misdemeanor
Resolution:
Plea to a petty misdemeanor sentence, which is a non-crime record. The client was alleged to yell a racial slur at a teenager in a high school parking lot. While he denied it, there was an additional, independent witness that corroborated the story. Add in some hostile alleged conduct and the State was pushing for a misdemeanor conviction and community work service. After fighting and leveraging a possible trial, the North Star team was able to negotiate a non-crime outcome for the client that wanted to avoid creating his first criminal conviction record.
Types of Charge(s): Misdemeanor
State v. D.G.
November, 2023
Charges: Misdemeanor small amount of marijuana in a motor vehicle and unlabeled prescription drugs.
Resolution:
Continuance for dismissal. This is the best possible plea negotiation absent an outright dismissal. And this was achieved because of the strategic and aggressive approach by Mr. Gempeler and the North Star team. Based upon a recent Supreme Court decision that held the odor of marijuana alone cannot justify a vehicle search, Mr. Gempeler pressed on the State to achieve this outcome. Instead of pushing the matter at a contested hearing where the Court could easily rule in favor of the State, the client took the guaranteed outcome - one in which a dismissal is earned by simply not having any same or similar incidents. Another fantastic result by the North Star team.