State v. K.M.H.
Our client was arrested under suspicion of driving while impaired in Otter Tail County and the DataMaster DMT reported that her breath alcohol concentration was 0.11.
We fought hard to get the charges reduced to careless driving, but the State would not budge -- they had an "office policy" of not pleading down DWI charges. We have our own office policy, which meant that we took the case to jury trial. We didn't bring any expert witnesses, we didn't offer any particularly fancy defenses -- we just used our experience and skill to attack the credibility of the field sobriety tests and the accuracy of the breath test results.
The final verdict? The jury found our client not guilty on all counts -- both Driving While under the Influence of Alcohol and Driving with an Alcohol Concentration of 0.08 or More.
If you want to see the Complaint, just click on the "Download PDF" button at the top of the page. (if you're super observant, you may note that the State mistakenly stated that our client's breath alcohol was 0.10. They fixed that mistake before trial). We've also included a copy of the jury verdict form, and a copy of the breath test result itself.