DWI Test Results Thrown Out by Judge!

On April 27, 2012, in Criminal Law, DWI, Uncategorized, by Carol Mayer




My client was arrested in Hennepin County for suspected hit and run.  After arrest the police decided my client had been drinking, took him downtown, and asked him to submit to a urine test.  While reading my client the Implied Consent Advisory, the police officer illegally denied my client his right to consult with an attorney prior to taking a test.  Without first being allowed to talk to an attorney, my client gave a urine sample which revealed an alcohol level of .12%, well over the legal limit.  As a result my client was charged with a gross misdemeanor DWI as well as a hit and run.

At my client’s first pre-trial hearing I argued that the alcohol test results should be thrown out and not allowed to be used as evidence at trial because the police officer violated my client’s  constitutional right to consult with an attorney prior to testing.  The judge agreed with me and threw the test results out!  Without this evidence the prosecutor’s DWI case became very weak and I was able to negotiate a great deal which made my client very happy.

The moral of the story is this…..sometimes the police screw up.  If you do not have an experienced attorney on your side, you may never know the police screwed up, and you may lose the chance of a lifetime to get the charges dismissed, or to negotiate a much better deal then the one you are being offered.

Carol Mayer is an experienced criminal law attorney who can help make sure your rights are protected and you are treated fairly in the process.  Carol Mayer represents clients in all metropolitan counties and cities including but not limited to Sibley, Carver, Scott, Anoka, Hennepin, Stearns, Blue Earth, LeSueur, Brown, Nicollet, Arlington, Gaylord, McLeod, Chaska, Hutchinson, Mankato, Shakopee, Prior Lake, Belle Plaine, Jordan, and many more throughout Minnesota.

 

 

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