Misdemeanor DUI Plead by Mail Case Study
Charge: 4th Degree DUI
My client was charged with a 4th Degree Misdemeanor DUI in Maple Grove, Minnesota. She was approached by police when she was in a rear end accident causing minor property damage. The officer came to the scene and smelled alcohol and asked her to do field sobriety tests which she ultimately failed.
Client was approached by police after she was at fault in an accident. Client admitted to drinking, failed a portable breath test and was arrested and transported to jail. At the station, the officers read her the implied consent advisory and she complied and tested over .08 with an actual test of .17. She was transported downtown and held overnight and then released on her own recognizance since this was her first DUI offense and she 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 she was driving his vehicle, she had been read the implied consent advisory, consented to a breath test and provided a sample of .17 which is over the legal limit of .08. It was determined that she did not have a defense that warranted challenging the implied consent revocation of her license particularly since she was not a licensed Minnesota driver. Based on the facts it was clear that the officer had a reasonable suspicion to stop the vehicle and to request alcohol testing and her test result was over .08.
This case was quite problematic since there was an accident, the test result was over twice the legal limit and my client did not live in Minnesota. I was able to resolve the case with no additional jail time, a fine, and a plea by mail so she didn’t have to attend court. This resolution was critical to my client because the costs of returning to Minnesota would have been high and cases with very high alcohol content and an accident oftentimes lead to jail consequences.
Impact (Plea by Mail, No Additional Jail)
My client was extremely pleased and appreciative with the resolution. This resolution allowed her to minimize the consequences of her actions while tending to the consequences in her home state. Asking questions and getting to know the needs of your clients is critical to craft a resolution where the consequences don’t negatively impact your client’s life. Good people make mistakes. Fortunately I am almost always able to right the ship quickly and avert consequences that could damage my client’s life, employment, etc.