Victories
State v. Anderson
Date: July 8, 2010
Charge: Gross Misdemeanor Driving While Intoxicated
Trial Attorney: Charlie Clippert
Trial Type: Omnibus Hearing
Outcome: Mr. Clippert challenged the unlawful arrest for DWI and the District Court granted the motion and charges were dismissed.
State v. A.B.
Date: July 8, 2010
Charge: Gross Misdemeanor Test Refusal and 4th Degree Driving While Intoxicated
Trial Attorney: Charlie Clippert
Outcome: Mr. Clippert brought a successful legal challenge to the refusal count. The case resolved with a non-alcohol related traffic offense with no loss of driver’s license.
Brehm v. Commissioner of Public Safety
Date: February 17,2010
County: Anoka
Charges: Driving While Under the Influence
Trial Attorney: Ryan Garry
Trial Type: Implied Consent Hearing
Outcome: After contested hearing, Judge granted Mr. Garry’s Motion to Rescind the Revocation of Brehm’s driver’s license.
State of MN v. Belter
Date: March 30,2010
County: MN Court of Appeals
Charges: Appeal of Conviction for 2nd Degree Criminal Sexual Conduct and 2nd Degree Assault
Trial Attorney: Charles Clippert
Trial Type: Oral Argument
Outcome: The Supreme Court granted review and remanded to the Court of Appeals. The Court of Appeals found that the trial court had improperly instructed the jury during trial and sent the case back to district court for further proceedings.
State of MN v. J.K.
Date: January 8, 2010
County: Blue Earth
Charges: Impersonating a Police Officer
Trial Attorney: Debbie Lang
Trial Type: Contested Motion
Outcome: Following written submissions by defense, prosecutor agreed with Ms. Lang’s argument and Dismissed all charges.
State v. Schleicher
Date: May 21 2009
County: Stearns (2009)
Charges: Underage Consumption; Obstructing Legal Process; Failure to Leave a Loud Party
Trial Attorney: Ryan Garry
Trial Type: Contested Omnibus Hearing
Outcome: After lengthy hearing, Judge granted Mr. Garry’s motions to strike language from search warrant & dismiss two criminal counts.
Audette v. Commissioner of Public Safety
Date: May 21 2009
County: Anoka (2009)
Charges: Fourth Degree Driving While Under the Influence
Trial Attorney: Ryan Garry
Trial Type: Implied Consent Trial
Outcome: Judge granted Mr. Garry’s Motion to Order the State to produce the Source Code for the Intoxilyzer 5000; Revocation rescinded.
Nihart v. Commissioner of Public Safety
Date: May 21 2009
County: Dakota County (2009)
Charges: Fourth Degree Driving While Under the Influence
Trial Attorney: Ryan Garry
Trial Type: Implied Consent Hearing
Outcome: Judge granted Mr. Garry’s Motion to Order the State to produce the Source Code for the Intoxilyzer 5000; Revocation rescinded.
Breitenfield v. Commissioner of Public Safety
Date: May 21 2009
County: Hennepin (2009)
Charges: Fourth Degree Driving While Under the Influence
Trial Attorney: Ryan Garry
Trial Type: Implied Consent Trial
Outcome: Judge granted Mr. Garry’s Motion to Order the State to produce the Source Code for the Intoxilyzer 5000; Revocation rescinded.
State v. Dorn
Date: May 21 2009
County: Blue Earth (2009)
Charges: Fourth Degree Driving While Under the Influence
Trial Attorney: Ryan Garry
Trial Type: Contested Omnibus Hearing
Outcome: Judge granted Mr. Garry’s Motion to Compel the Blood Test. Because blood test kit had been destroyed, blood test was suppressed.
State of MN v. Metcalf
Date: April 28 2009
County: Court of Appeals (2009)
Charges: Attorney Risk challenged the legality of the stop & the defendant’s right to counsel in the District Court case involving a charge of Driving While Intoxicated. The Judge agreed and dismissed the charges. The State then filed an Appeal contending that the District Court erred in suppressing the evidence and dismissing the criminal charges against Metcalf.
Trial Attorney: David Risk
Outcome: The MN Court of Appeals affirmed the District Court’s decision - case closed.
State v. Stokes
Date: February 19 2009
County: Ramsey County (2009)
Charges: Two counts of Gross Misdemeanor 3rd Degree DWI
Trial Attorney: Debbie Lang
Trial Type: Contested Omnibus Hearing
Outcome: Ms. Lang’s motion for preclusion of out-of-state prior DWI was granted. Two charges were dismissed.
State of WI v. Rieke
Date: January 29 2009
County: St. Croix County (2009)
Charges: Two counts of Felony Operating a Motor Vehicle While Under the Influence (OWI)
Trial Attorney: Allan Caplan
Trial Type: Jury Trial
Jury Verdict: After 2-1/2 hours of deliberation, the Jury found Mr. Rieke NOT GUILTY of both felony OWI charges.
Proctor v. Commissioner of Public Safety
Date: January 28 2009
County: Washington (2009)
Charges: 2nd Degree Driving While Intoxicated
Trial Attorney: Ryan Garry
Trial Type: Implied Consent Trial
Outcome: Judge granted Mr. Garry’s motion to compel the source code to the Intoxilyzer 5000; revocation of driving privileges rescinded.
Guimont v. Commissioner of Public Safety
Date: January 28 2009
County: Sherburne (2009)
Charges: Implied Consent Hearing
Trial Attorney: Debbie Lang
Trial Type: Implied Consent Hearing
Outcome: Following testimony & argument, Judge granted Ms. Lang’s motion to rescind the revocation based on an illegal stop of vehicle.
State v. Guimont
Date: January 28 2009
County: Sherburne (2009)
Charges: 4th Degree Driving While Intoxicated (over .08)
Trial Attorney: Debbie Lang
Trial Type: Pre-trial Hearing
Outcome: Prosecutor dismissed all charges based on a ruling in the IC Hearing deeming the Defendant’s stop was unconstitutional.
State of MN v. B.P.
Date: January 28 2009
County: Anoka (2009)
Charges: 3rd Degree Driving While Intoxicated
Trial Attorney: Ryan Garry
Trial Type: Implied Consent Hearing
Outcome: Judge granted Mr. Garry’s motion to compel the source code to the Intoxilyzer 5000; revocation of driving privileges rescinded.
Darmody v. Commissioner of Public Safety
Date: January 06 2009
County: Dakota (2008)
Charges: Implied Consent Hearing
Trial Attorney: Charles Clippert
Trial Type: Implied Consent Hearing
Outcome: Upon Motion of Mr. Clippert, Judge rescinded client’s license revocation
State v. Peterson
Date: December 01 2008
County: Anoka (2008)
Charges: Third Degree Driving While Under the Influence
Trial Attorney: Ryan Garry
Trial Type: Implied Consent Hearing
Outcome: Judge granted Mr. Garry’s Motion to Compel the “source code” to the Intoxilyzer 5000 machine
Proctor v. Commissioner of Public Safety
Date: January 28 2009
County: Washington (2009)
Charges: 2nd Degree Driving While Intoxicated
Trial Attorney: Ryan Garry
Trial Type: Implied Consent Trial
Outcome: Judge granted Mr. Garry’s motion to compel the source code to the Intoxilyzer 5000; revocation of driving privileges rescinded.
Guimont v. Commissioner of Public Safety
Date: January 28 2009
County: Sherburne (2009)
Charges: Implied Consent Hearing
Trial Attorney: Debbie Lang
Trial Type: Implied Consent Hearing
Outcome: Following testimony & argument, Judge granted Ms. Lang’s motion to rescind the revocation based on an illegal stop of vehicle.
State v. Guimont
Date: January 28 2009
County: Sherburne (2009)
Charges: 4th Degree Driving While Intoxicated (over .08)
Trial Attorney: Debbie Lang
Trial Type: Pre-trial Hearing
Outcome: Prosecutor dismissed all charges based on a ruling in the IC Hearing deeming the Defendant’s stop was unconstitutional.
State of MN v. B.P.
Date: January 28 2009
County: Anoka (2009)
Charges: 3rd Degree Driving While Intoxicated
Trial Attorney: Ryan Garry
Trial Type: Implied Consent Hearing
Outcome: Judge granted Mr. Garry’s motion to compel the source code to the Intoxilyzer 5000; revocation of driving privileges rescinded.
Darmody v. Commissioner of Public Safety
Date: January 06 2009
County: Dakota (2008)
Charges: Implied Consent Hearing
Trial Attorney: Charles Clippert
Trial Type: Implied Consent Hearing
Outcome: Upon Motion of Mr. Clippert, Judge rescinded client’s license revocation
State v. Peterson
Date: December 01 2008
County: Anoka (2008)
Charges: Third Degree Driving While Under the Influence
Trial Attorney: Ryan Garry
Trial Type: Implied Consent Hearing
Outcome: Judge granted Mr. Garry’s Motion to Compel the “source code” to the Intoxilyzer 5000 machine
State v. Proctor
Date: November 19 2008
County: Washington (2008)
Charges: Second Degree Driving While Under the Influence
Trial Attorney: Ryan Garry
Trial Type: Contested Omnibus Hearing
Outcome: Judge granted Mr. Garry’s Motion to Compel the “source code” to the Intoxilyzer 5000 machine
State v. Garman
Date: November 05 2008
County: Hennepin (2008)
Charges: Gross Misdemeanor Third Degree BWI (Boating While Intoxicated); Gross Misdemeanor Third Degree BWI over .08
Trial Attorney: Allan Caplan
Trial Type: Jury Trial
Jury Verdict: Not Guilty on both charges
Outcome: Although Mr. Garman admitted to driving the boat & his alleged blood alcohol concentration was .13, the jury acquitted him.
Farrow v. Commissioner of Public Safety
Date: September 15 2008
County: Wright (2008)
Charges: Implied Consent Hearing
Trial Attorney: Charles Clippert
Trial Type: Implied Consent Hearing
Outcome: Client’s license revocation rescinded after the Commissioner failed to disclose the intoxilyzer source code.
State v. Schiller
Date: August 18 2008
County: Ramsey (2008)
Charges: Driving While Intoxicated 4th Degree
Trial Attorney: Ryan Garry
Trial Type: Contested Omnibus Hearing
Outcome: Mr. Garry filed a Motion to Dismiss contending the officer’s stop was illegal; Motion was granted; all charges dismissed
