Gross Misdemeanor Criminal Vehicular Operation in Anoka County Case Study
In 2016 my client was charged with a Gross Misdemeanor Criminal Vehicular Operation resulting in bodily harm and Driving Under the Influence of Alcohol in Anoka County. He served one day in jail at the time of his arrest and posted $6,000.00 bail to be conditionally released.
Client was involved in an automobile accident where he crossed the center line and side swiped a vehicle towing a trailer. A witness stopped and was providing aid when the police arrived to see about the well fare of the people involved in the accident. My client failed a portable breath test with a reading of .112. He admitted to drinking and was taken to the hospital to examine his injuries as were the others injured. The police requested a warrant to conduct a blood test. The warrant was granted by the court.
Since he was driving and was involved in an accident that was witnessed by other parties the police had a reasonable suspicion to approach him and see if he needed medical attention. Once they observed and spoke with him and he admitted alcohol use he was tested and tested over .08 on her preliminary breath test (PBT). He was placed under arrest for suspicion of driving under the influence. He was read the Minnesota Implied Consent advisory and ultimately took a blood test after the police procured a warrant. After careful review of the police report it was determined that my client had several defenses: The accuracy of the blood test and the severity of the injuries to the victims.
Despite the defenses I directed my client to get an alcohol assessment and start following the recommendations in an effort to proactively show how serious he was taking the case. This was his first offense and he followed my advice and got an assessment and started to follow the recommendations.
Anoka County is a strict and rigid county with regards to sentencing. The maximum penalty for my client was a year in jail and/or a $3000 fine. Fortunately I was able to convince the prosecutor that it would be difficult to prove the charges and my client’s proactivity had shown he was taking this seriously. We resolved the case by amending the Criminal Vehicular Operation to Careless Driving and dismissed the DUI charges. My client did not serve any jail time, was placed on probation for 1 year and paid a small fine. Additionally, his driver’s license was not revoked.
This was a fantastic resolution since my client was facing a year in jail and a substantial fine. Additionally, if convicted, he would have had his license revoked for one year. With the resolution that was crafted he did not serve any time and his license was never revoked. By due diligence and investigating the severity of the injuries and contesting the blood test proved to be persuasive to garner an excellent outcome on my client’s behalf. It is extremely satisfying to be able to resolve a case that allows your client the ability to maintain their life style, not be convicted of a serious offense and not have their driver’s license revoked.
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