2 Victories for Justice Last Week!!

Posted On September 11, 2023 Charles Ramsay

Last week, we had TWO major victories for our clients! Here’s how we did it:

In our first win, a judge shot down the state’s unlawful use of aggression against our client for peacefully resting in his car. An officer accosted and arrested our client on suspicion of DWI just for catching a few Z’s in his parked car after having a few drinks.

After taking a breath alcohol test, Minnesota revoked his license for having a 0.21 alcohol concentration. And here’s the thing—he was being smart—waiting until he sobered up to drive. 

But the officer felt the need to approach and harass our client anyway.

We filed a lawsuit challenging the license revocation.

We argued that the Minnesota constitution guarantees ALL citizens to live free from “unreasonable searches and seizures.” This applies to seizures of a person, including brief investigatory stops.

The officer had no reason to approach our client in the first place. Resting in your vehicle shouldn’t be a crime!

Daniel Koewler presented the evidence and provided written arguments, and Kim Rodrigue edited the brief.

The results: Our client’s driver’s license revocation—rescinded. And best of all, our client gets to keep his job.

Based on the scope of this order, we expect the prosecutor to dismiss the 2nd-degree DWI charges in the criminal case as well.

View the redacted order here.

Another Win for Source Code

We use every tool available to help our clients, including demanding the source code of the state’s breath alcohol machine—the DataMaster DMT. The source code is the software that controls everything about the machine. And even a former breath alcohol scientist at the state crime lab thinks it should be examined.

Last week, the state dismissed the 0.08 count on a 2nd-degree DWI. The judge granted our discovery motion and ordered the state to disclose the source code. 

The state couldn’t comply with the order, so they voluntarily dismissed the charge. 

The charge of "driving while impaired" is still an issue. But, if we go to trial, it is much easier to defend against this charge. 

We're grateful for a reasonable, ethical prosecutor in this case.

View the redacted order here.

Your Case is Winnable

Don't lose hope if you’ve lost your license or liberty due to being charged with a DWI. At Ramsay Law, we believe every case is winnable. We’re always coming up with new and creative ways to fight for our clients.

We work with law firms and private clients to get unprecedented results.

Call us to examine your case — 651-604-0000.

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Daniel Koewler