MN Dui

Pending Appeals

April 3rd, 2012

1. Attorney  Rory Durkins week long case of 1st degree assault resulted in a hung jury on January 2012.

2. (Mark Giancola)- Steele county.Clients statements suppressed in major drug case.

3. (Mark Giancola)- Anoka County, Domestic assault case, discussed on day of trial

Harrassement Restraining Order Dismissed.

August 1st, 2011

Mark Giancola, after making multiple appearances in Court was able to argue successfully that the court lacked personal jurisdiction over his client. That persistence paid off in a dismissal of an HRO and the Temporary Order that prevented contact. The client never came to court and was able to remain in her home out of state. In an earlier matter Mark Giancola was able to get an OFP dismissed after resolving a Domestic Assault case with no assault conviction . The OFP violation was successfully dismissed as well. This was important because the client had been charged with a violation of the OFP and was facing a second trial for the violation. Minnesota Defense Lawyer

Results Thrown Out by Minneapolis DWI Lawyer

November 4th, 2010

Mr. Giancola was able to get a clients blood test results suppressed after a contested hearing. Client had been in an accident on a snowmobile during the winter of 2010. Client was severely injured and was airlifted to a level I trauma center. Officer followed client to hospital and read client his rights but refused to let client use a phone to call a lawyer. Client requested a lawyer several times and even though he had a collapsed lung and fractured pelvis he could talk and conversed with several persons. Judge ruled that was a violation of right to counsel and test was thrown out. Client had a class A license and had been cancelled and denied IPS as a result of this incident. Result is full restoration of driving privileges.

Felony Charges Dismissed After Probable Cause Challenge

May 10th, 2010

April 2010

Case Name: State v. Ryks

County: Washington

Charges: Felony Aiding an Offender

Hearing Type: Contested Omnibus Hearing

Outcome: After reviewing all of the police reports, I really felt that the facts didn’t support the charges. So we challenged probable cause, wrote a length brief, and argued orally at the hearing. The judge agreed and dismissed the case.

Forfeiture Dismissed and Vehicle Returned, Charges Reduced in DWI Case

May 10th, 2010

April 2010

Case Name: J.A. v. One 2002 Cadillac

County: Anoka

Charges: DWI & Forfeiture of Vehicle

Outcome: In this case, the client’s vehicle was forfeited and he was charged with second degree DWI. However, a careful investigation revealed that an out of state conviction for a minor misdemeanor was incorrectly coded and then sent to Minnesota as a prior DWI. When all was said and done, the client’s driving record was corrected in all relevant states, his vehicle was returned, and the charges were reduced.



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