State v. S.E.P -- NOT GUILTY! Jury Acquits Client of All DWI Charges (Second Degree DWI)
The state charged our client with a Second Degree DWI for having a breath alcohol concentration of .14 with two prior DWI convictions, and the Department of Public Safety revoked and cancelled his driver’s license. (In February this year a just rescinded the revocation as a sanction for failing to provide the source code pursuant to its order.)
We brought the matter to trial. Earlier this month a jury found this client Not Guilty of DWI on both counts after a trial. Our client was facing a maximum possible sentence of one year in jail and a $3,000, with a minimum 90-day jail sentence.
This was a physical control case where our client was sleeping in his vehicle at the side of the road with the keys. The jury decided Minnesota’s DWI laws are not intended to punish people who are trying to do the right thing, even when technically they may be in violation of those absurd laws. Because of the acquittal and the civil, “implied consent victory,” our client not only beat the criminal charges, but also has no infraction on his driving record.