Case Profiles

DWI Home Entry case in Minnesota:

From the Associated Press:” A Minnesotan’s right to privacy extends into the garage, the Minnesota Court of Appeals ruled in a case where a police officer blocked a Farmington man’s automatic garage door from closing before stepping inside to question him about impaired driving….The decision addressed constitutional issues of appropriate search and seizure and determined that a person’s right to privacy extends to his garage “because it is not impliedly open to the public.” – Haase v. Comm’r of Pub. Safety, 679 N.W.2d 743 (Minn. App.)

Other Important Appellate Cases:

                                              Court of Appeals:

State v. A.F.W. (Minn. App.) (client’s gross misdemeanor DWI convictions reversed because of our argument that State failed to meet its burden that prior Wisconsin drunk driving case was in conformity with MN law)

State v. J.M.T. (Minn. App.) (appellate court affirms dismissal of obstruction charges on fourth amendment grounds)                                    

District Court cases of distinction:

Pre-Trial Disposition:  DISMISSED BY STATE – State v. S.C. (Hennepin County District Court) (State dismisses Felony DWI charges carrying a guidelines prison sentence of 66 months after motion hearing and written briefs – but prior to court’s decision – on whether a prior license revocation eight years previous could be used for enhancement on constitutional grounds)

Pre-Trial Disposition:  DISMISSED BY STATE – State v. D.W. (Hennepin County District Court) (State dismisses Felony DWI charges carrying a guidelines prison sentence of roughly 72 months in prison, after our investigation revealed that Defendant’s prior DUI history was not enhanceable as alleged by the State)

Trial Disposition:   DISMISSED BY STATE – State v. R.H. (Hennepin County District Court) (State dismissed all charges after months of pending charges against client on charges of attempted disarmament of a peace officer’s firearm)

Trial Disposition:   VERDICT OF NOT GUILTY – State v. N.S. (Hennepin County District Court) (client acquitted of all charges after accident with injuries on 494)

Trial Diposition:  VERDICT OF NOT GUILTY –  State v. C.T. (Washington County District Court) (client acquitted of all charges at trial after being prosecuted for Gross Misdemeanor Furnishing Alcohol to Minors)

Pre-Trial Order:  DUI CHARGES DISMISSED – State v. T.B. (Blue Earth County District Court) (trial judge granted our motion to dismiss both Gross Misdemeanor DUI charges on due process grounds where we showed our client was unlikely served with a notice of license revocation as required by statute in the prior incident several years previous)

Pre-Trial Order:   CRIMINAL CHARGES DISMISSED – State v. K.S. (Ramsey County District Court) (trial court dismissed charges for insufficient evidence that defendant knew about the existence of Domestic Abuse No Contact Order (DANCO) despite being advised that prior conditions of release included a no-contact order)



State vs. A.R. (Ramsey County Dist. Ct.) (breath test thrown out for lack of DWI search warrant) (this case post-dates the Minnesota Supreme Court adverse ruling in Brooks)

State of Minnesota vs. C.O. (Hennepin County District Court) (client charged with gross misdemeanor driving under the influence of marijuana, jury finds defendant not guilty of DUI, and not guilty of Careless Driving)

State of Minnesota vs. J.O. (Dakota County District Court (client charged with Gross Misdemeanor .20 or more, resolved as a careless and small fine after court dismissed DWI charge for lack of sufficient evidence)

J.W. vs. Commissioner of Public Safety (Anoka County District Court) (officer observed snow covering license plate during snowstorm; judge finds stop invalid and throws out government’s case)

State of Minnesota vs. A.R. (Sherburne County District Court) (client stopped for making left-turn fully into shoulder area of highway, but judge held to violate the fourth amendment which resulted in the State’s dismissal of all charges as well)

W.W. vs. Commissioner of Public Safety (Isanti County District Court) (client arrested on lake in motorboat with motor idling, district court invalidates government’s case in full, finding that no motorboat in operation if being propelled only by wind. State then dismisses all charges and returns motorboat and trailer)

N.S. vs. Commissioner of Public Safety (Anoka County District Court) (client found by police in vehicle after accident, judge throws out government’s DWI case for failing to prove that client was the driver, and no proper 7-day temporary license)

State of Minnesota vs. M.D. (Hennepin County District Court) (client charged with one count of Second-Degree Refusal and one count of Third-Degree DWI, jury acquits on both)

State (Commissioner of Public Safety) vs. J.T. (St. Louis County District Court) (DWI Refusal charge and license revocation dismissed by court upon officer’s failure to offer driver alternative test pursuant to statute, no conviction and return of vehicle)

State (Commissioner of Public Safety) vs. J.N. (Dakota County District Court) (DWI dismissed after court overturned license revocation on constitutional grounds, where officer unlawfully opened client’s passenger door in order to have contact with her)

State vs. L.L. (Rice County District Court) (DWI dismissed where officer pulled in behind client on shoulder and used emergency lights but did not have suspicion of wrongdoing)

State vs. M.S. (Ramsey County District Court) (DWI tossed out by judge due to improper 15-minute observation period prior to breath testing)

State of Minnesota vs. S.Z. (Washington County District Court) (old DUI conviction thrown out due to insufficient admissions of guilt, causing State to undo its cancellation of client’s driver’s license IPS)

Furnishing Alcohol to a Minor:
State of Minnesota vs. C.T. (Washington County District Court) (Judge acquits our Client after Trial, finding him Not Guilty of Gross Misdemeanor Furnishing Alcohol to a Minor)

State vs. C.L. (Wright County District Court) (client charged with burglary and arson of commercial building; court granted our motion to dismiss on grounds of insufficient evidence)

Driving After Revocation:
State vs. T.L. (Renville/Dakota County District Court) (client hired us for two Driving After Revocations after representing himself in a previous conviction; client was able to avoid a conviction in both matters due in part to an obscure notice rule requiring the State to inform a driver of the expiration of his or her revocation period)

Driving After Cancellation:
State vs. K.M. (Hennepin County District Court) (State agreed to dismiss gross misdemeanor charges where we highlighted the fact that video evidence showed the officer requested production of client’s driver’s license even though the reason for the stop (registered owner revoked) was dispelled upon the initial approach by the officer)

Drug Possession:
State vs. J.D. (Dakota County District Court) (felony drug possession dismissed due to illegal search of defendant’s backpack);

State vs. L.G. (Dakota County District Court) (felony drug possession dismissed due to illegal search of defendant’s handbag)

B-Card Violation:
J.B. vs. Commissioner of Public Safety (Hennepin County District Court) (State cancelled client’s driver’s license for three years on police allegation that he consumed alcohol in neighbor’s yard in violation of his restricted license; district court reverses cancellation, finding insufficient evidence of consumption, as well as improper notice to client)

Aggravated (Armed) Robbery:
State of Minnesota vs. A.F. (Ramsey County District Court) (defendant charged with first degree aggravated robbery with 7-year guideline sentence, sentenced to 60 days)

State of Minnesota vs. J.G. (District Court) (client faced 36 years in prison based on 4 separate counts of C.S.C. (3 counts of first degree), client pled guilty to one count of a reduced charge, sentenced to under 3 years of prison)

DWI Vehicle Forfeiture:
S.E. vs. Saturn Ion (Hennepin County District Court) (vehicle forfeiture dismissed against vehicle owner who was not served with copy of notice of seizure and intent to forfeit)

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