Charges Dismissed- Felony Theft charges were dismissed by the district court as evidence obtained was "fruit of the poisonous tree," and therefore inadmissible at trial. A warrantless search justified dismissal of the case, due to lake of probable cause. The police over stepped their authority, and the police misconduct was the basis to suppress evidence sized without a search warrant.
Charges Dismissed - 2nd Degree Assault charges, With a Weapon, were dismissed by the County Attorney.
Client accused of slugging alleged victim, and throwing hard object at another person. Matter was successfully diverted. Client received a Diversion, with nothing on client's record. Client's prospective career depended upon successful resolution of the criminal charges.
Defendant brought motion to dismiss and suppress the medical opinion of the police officer, on the basis that the officer was not qualified to discuss medication, the affects of medication, when the medication was administered, and any potential opinion as to the results of prescribed medication. The prosecuting authority dismissed the DWI prior to Contested Pre-Trial hearing. Client did admit to an Open Bottle.
Client’s motor vehicle was confiscated on the basis of an allegation of a prior implied consent or DWI conviction. However, because both prior matters were pending, with no resolution, the charges of DWI in the 2nd Degree were dismissed. As a result, the prosecutor voluntarily returned the client’s motor vehicle, without the necessity of a formal court hearing.
With the July 1, 2011 law change involving Ignition Interlock, charged with a first time DWI, alcohol concentration over .16, client faced a 1 year driver’s license revocation, and been required to place ignition interlock in their motor vehicle. Significantly, client was certified as being in violation of the implied consent law prior to July 1, the date that the law changed. Consequently, the Commissioner of Public Safety administratively adjusted the length of client’s implied consent revocation, from 365 to 180 days, with eligibility to obtain a limited driver’s license after 30 days. In exchange, client agreed to waive the implied consent hearing.
The State dismissed charge of Refusal, a Gross Misdemeanor DWI, on the basis that “credibility issues with witness makes it difficult to proceed with charges.” In reality, the officer came upon the motor vehicle with the witness behind the driver’s seat. The defendant, accused, had called 911, asking for assistance, because the “witness” had assaulted the defendant. The officer believed that he could ask for a test from the defendant, based upon the officer’s observation that the seat in the motor vehicle was back too far for the witness to have driven it. However, there was no other evidence that the defendant had ever driven the vehicle. Interesting enough, the defendant was not charged with actual driving. He was only charged with refusing a test based upon the officer’s probable cause to believe that he was driving.
Client was charged with four counts of Violation of OFP.
Client was allowed to tender a plea to one count, and receive a stay of adjudication. As a consequent, the other count was dismissed in Blue Earth County. As a further consequence, the other two counts in Faribault County were continued for dismissal.
Consequently, the client will end up with nothing on client’s record, once probation is successfully completed.
DWI Second Degree, with two priors, and children in the motor vehicle. Client plead guilty to DWI-Third Degree.
Ignition Interlock imposed as a condition of probation instead of the mandatory minimum jail term. (90 days was presumed to be the mandatory minimum under the original charges.) Client invested significantly in issues of sobriety.
First charge DWI. Client was allowed to plead guilty to Careless Driving on a .13 breath test. Client dismissed Implied Consent Petition.
2nd Degree DWI Reduced- Client pleaded guilty to Careless Driving, reduced from two counts of DWI - 2nd Degree. In exchange, client agreed to not contest the revocation of his driving privileges.