Coon Rapids DUI Case Study
3rd Degree Gross Misdemeanor DUI
In January, 2014 my client was charged with a 3rd Degree Gross Misdemeanor DUI in Coon Rapids, Minnesota. He served two days in jail at the time of his arrest and was released on a $12,000.00 bail bond. He had prior offenses in 2003 and 2009 for drinking and driving.
He was stopped by police because he allegedly was weaving and speeding. He tested over .08 with an actual reading of .16. The maximum penalty for his offense is 1 year in jail and/or a $3000 fine.
After reviewing all of the reports it was determined that his only potential defense was the reason for the stop. Unfortunately my client had not retained me within the 30 days required by law to challenge the implied consent revocation of your license. A person can be charged more seriously based on enhancement which means multiple offenses within a ten year window. My client had a poor criminal history and driving record. Furthermore, since he had missed the filing deadline the license revocation was permanently on his record. My client and I discussed these ramifications and determined that we needed to resolve the case and mitigate the consequences.
I recommended my client get an alcohol assessment and start following the recommendations in an effort to proactively show how serious he was taking the case.
Based on my negotiations and my client’s proactive approach I was able to resolve the case with a jail cap of 45 days which could have been substantially higher based on the high alcohol test and my client’s extensive criminal history. A cap means that the most jail time the judge can sentence the defendant to is the cap number. For instance in this case my client could only be sentenced to 30 days in jail because that was the cap. The maximum penalty for my client was a year in jail and/or a $3000 fine.
Fortunately I was able to resolve his case below the cap of 45 days of jail time. I was able to resolve the case with the judge ordering only 28 days of electronic home monitoring jail time and two years of probation and a small fine.
Impact (No Additional Jail)
My client was very pleased with the resolution. This result was extremely positive since most cases with these facts result in actual jail time and not electronic home monitoring. No matter how bad the facts of the case appear there is nearly always a way to present the case in a manner that allows your client to manage the consequences of the incident.
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