Misdemeanor DUI Case Study
Charge: 4th Degree DUI
In February of 2014 my client was charged with a 4th Degree Misdemeanor DUI in Brooklyn Park, Minnesota. He was approached by police when his vehicle was stuck in the snow. The officers believed he was drinking and asked him to do field sobriety tests..
Client was approached by police after he was stuck in the snow and they responded to see if anyone needed assistance. Client’s passenger was extremely intoxicated and client admitted to drinking. The officer had him perform some field sobriety tests and after failing the portable breath test he was arrested and transported to jail. At the station the officers read him the implied consent advisory and he complied and tested over .08 with an actual test of .11. He was transported downtown and held overnight and then released on his own recognizance since this was his first DUI offense and he had been cooperative with the officers. Client was charged with a 4th Degree Misdemeanor offense which is punishable by a maximum penalty of 90 days in jail and/or a $1000 fine.
After reviewing all of the reports it was determined that he was driving his vehicle, he had been read the implied consent advisory, consented to a breath test and provided a sample of .11 which is over the legal limit of .08. It was determined that he did not have a defense that warranted challenging the implied consent revocation of his license. Based on the facts it was clear that the officer had a reasonable suspicion to stop the vehicle and to request alcohol testing and his test result was over .08.
My client was currently in the process of applying for the military and would not be able to gain access if he was convicted of a DUI or was on probation. It was imperative to work out a resolution that allowed him to enter the military.
After careful review of the situation and my persistence I was able to get the charge amended to Careless Driving and upon completion of an alcohol education class and some community service the case was closed and my client was no longer on probation. This was critical because it allowed my client to enter the military and pursue his lifelong dream.
By having a credible relationship with the prosecutor and sculpting the resolution to satisfy the concerns of the prosecution and judge but allowing my client to enter the military it provided a win-win scenario.
My client was extremely satisfied and appreciative with the resolution. This resolution (careless driving) allowed a young man to continue with his lifelong dream while paying forward for the consequences of this act. It is imperative to get to know your clients in order to satisfy their needs. The court is oftentimes willing to be creative when a need is credibly presented.
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Please contact Scott L. Anderson, or e-mail him at firstname.lastname@example.org