Anoka DUI Case Study

In March of 2014 my client was charged with a Gross Misdemeanor 3rd Degree DUI in Anoka. She served two days in jail at the time of her arrest and was released on bail.

She was stopped by police because her headlights were not engaged. She tested over .08 and marijuana and paraphernalia were located in the vehicle. She also had a prior offense in 2011.

Since she was driving without her headlights the officer had a reasonable suspicion to stop her vehicle. She admitted to drinking and blew over .08 on her preliminary breath test and ultimately over .08 by a Datamaster test at the station. After careful review of the police report a defense could not be found.

I directed my client to get an alcohol assessment and start following the recommendations in an effort to proactively show how serious she was taking the case.

Anoka County is a 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 resolve her case with two weekends in jail and a $400 fine with two years of probation and some community service.

This was an extremely good result since the legislature mandates thirty days in jail and a $900 fine for her offense. I was able to convince the judge to depart based on what she had accomplished with regards to her alcohol counseling, her remorse and her child responsibilities. I was also very pleased to get the probation down to 2 years when it is usually 4 years and get her time to pay her fine and give back to the community instead of spending an extended time in jail.

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