MN Dui

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.

Leaving the Scene of an Accident – Case Dismissed

May 10th, 2010

April 2010

Case Name:  State v. XXXX

County: Ramsey

Charges: Leaving the Scene of an Accident

Hearing Type: Pretrail

Outcome: Client had serious medical issue. When extensive medical records were shown to prosecutor, the case was dismissed. The interests of justice were clearly served.

Implied Consent Hearing Victory

May 10th, 2010

April 2010

Case Name: XX v. Commissioner of Public Safety

County: Sherburne

Charges: Driver’s License Revocation

Hearing Type: Implied Consent Hearing

Outcome: At this hearing, the officer failed to show. As a result, the revocation was rescinded, and the Petitioner driving privileges were reinstated. This case shows that at the very least, one should always challenge the driver’s license revocation in a Minnesota DWI proceeding.

Lawyer Seeks Dismissal of His Own Child Pornography Case

March 10th, 2010

An attorney for Sioux Falls lawyer Leo Flynn maintains that he had legitimate reasons for having child pornography in his line of work.

Prosecutors, however, say his activities were not related to his profession and that he broke the law.

Because South Dakota law provides immunity for lawyers who possess child pornography in the course of their official duties, Judge John Simko never should have signed the July search warrant for Flynn’s office, his attorneys argued Monday.
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