State v. S.A.B.

DWI Test Refusal Dismissed – Officer Illegally Obtained PBT (2007)

In McLeod County, Ryan challenged the government’s charge. Ryan argued that the officer had illegally entered Ryan’s client’s property to ask for a PBT. The judge agreed and the case was dismissed. Click to see Judge’s Order

The Charges:

Third Degree DWI Test Refusal

The Outcome:

Charges Dismissed

N. v. Commissioner of Public Safety

Source Code Victory – Revocation Rescinded (2007)

At the implied consent trial, a Dakota County judge granted Ryan’s motion to order the State to produce the Source Code to the Intoxilyzer 5000 (breath test machine) in electronic format suitable for inspection and analysis. Click to see Order

The Charges:

DWI

The Outcome:

Source Code Victory

State v. D.G.U.

Serious DWI Dismissed: Officer Illegally Used PBT (2007)

After a contested omnibus hearing in Hennepin County, all DWI charges were dismissed because of a Fourth Amendment violation, specifically that the officer did not have a legal right to force Ryan’s client to take the preliminary breath test. Although Ryan’s client was likely “morally guilty” the judge dismissed all charges because his constitutional rights…

The Charges:

Second Degree DWI (3rd offense in ten years), Forfeiture of Infiniti Vehicle

The Outcome:

DWI Charges Dismissed, Vehicle Returned

State v. M.B.D.

Client Did not Have “Capacity to Refuse” Testing – DWI Revocation Rescinded (2007)

At the implied consent trial in Hennepin County, Ryan’s client’s revocation was rescinded because Ryan’s client was incapable of refusing to submit to testing. After extensive cross-examination of the arresting officer, the government’s case was dismissed. Click to see Ryan’s Argument Click to see Order

The Charges:

Third Degree Refusal to Submit to Testing, Fourth Degree DWI

The Outcome:

Charges Dismissed, Guilty Plea to Underage Violation

State v. K.M.

Third DWI Offense Reduced to Careless Driving (2006)

Prior to the jury trial in Ramsey County, Ryan convinced the prosecutor to reduce Ryan’s client’s third DWI to a Careless Driving offense.

The Charges:

Second Degree Gross Misdemeanor DWI (.17)

The Outcome:

DWI Reduced to Careless Driving

State v. A.M.

Stay of Adjudication = No DWI Conviction (2006)

In Hennepin County prior to the jury trial, Ryan convinced the prosecutor to agree to a stay of adjudication, which means that there will be no DWI conviction on Ryan’s client’s record.

The Charges:

Fourth Degree DWI

The Outcome:

Stay of Adjudication

D.H. v. Commissioner of Public Safety

License Revocation Rescinded (2006)

In Dakota County at the implied consent hearing, Ryan’s client’s license revocation was rescinded because the State could not produce the source code to the Intoxilzyer 5000. Click to see license rescission Order Click to see source code Order

The Charges:

DWI (.20)

The Outcome:

Case Dismissed

State v. A.S.

Illegal DWI Arrest – Revocation Rescinded (2006)

In Hennepin County at the implied consent hearing, the judge rescinded the revocation of Ryan’s client’s driver’s license and the government’s case was dismissed because of officer misconduct.

The Charges:

Fourth Degree DWI (.16)

The Outcome:

DWI Reduced to Careless Driving

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