Brooklyn Park DUI Case Study

Charge: 3rd Degree DUI

In June of 2014 my client was charged with a 3rd Degree Gross Misdemeanor DUI in Brooklyn Park, Minnesota. He was brought to detox after his arrest because his test was very high and he had two prior DUI offenses.

Facts

Client was stopped by police after a report by another party of an altercation between the two and allegations of intoxication. The police responded to the disturbance and determined that he was intoxicated and witnesses identified him as the driver of the vehicle. Client was visibly intoxicated and swaying back and forth. The officers placed him under arrest and read him the implied consent advisory. He was given time to consult with and took a breath test which had a reading of .23. He had two prior offenses outside of the ten year window and since his test was over .20 his charge was enhanced to a 3rd Degree Gross Misdemeanor offense. The maximum penalty for my client was a year in jail and/or a $3000 fine.

Case Review

After reviewing all of the reports it was determined that he was driving his vehicle, identified witnesses provided statements of his demeanor and inability to walk and the police report did not provide and meaningful defenses. Based on the facts it was clear that the officer had a reasonable suspicion to stop the vehicle and to request alcohol testing.

In an effort to get a favorable resolution it was my recommendation that he get an alcohol assessment as soon as possible and start following the recommendations in an effort to proactively show how serious he was taking the case in an effort to mitigate the consequences. It was also clear that he was suffering emotionally as a result of the recent passing of his father.

Resolution

Based on my negotiations with the prosecutor my client was not required to any additional jail time and fined $300 plus surcharges and law library fees. He was ordered to follow the recommendations of his chemical dependency assessment and was required to do four days of sentence to service (a program where a defendant can do qualified work in lieu of jail) and have no same or similar conduct in the next three years.

By being proactive with his chemical assessment and having my client prepared for his court date I was able to persuade the prosecutor and the judge that additional jail time was not required and his excessive drinking was brought on by the passing of his father.

Impact

My client was very pleased with the resolution. This result was extremely positive since it is customary to serve a minimum of 30 days when your alcohol test result is over .20ction. 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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