DWI Charges, Forfeiture of Vehicle and License Revocation Avoided
Mike Brandt’s client was charged with various offenses including gross misdemeanor DWI and felony damage to property. Additionally, his license was revoked for two years and his vehicle was being forfeited from an incident occurring in the City of Blaine, Anoka County, in January of 2018. Mike challenged the manner in which the police officer arrested his client and argued that the officer overstepped his bounds and his client was illegally arrested. Mike first fought these issues when he challenged the revocation of his client’s driving privileges through a process called an Implied Consent Hearing. At the hearing, Mike cross-examined the officer and showed the judge video from the officer’s squad car as well as the officer’s body camera footage. After making arguments to the court, the Judge agreed with Mike and rescinded (took away) the license revocation.
Mike then filed motions in the criminal case to have evidence suppressed (thrown out) based on the illegal arrest. Prior to the beginning of the hearing, Mike negotiated a settlement whereby the State agreed to amend the DWI charge to Careless Driving and the state allowed Mike’s client to go into a Diversion Program on the felony Damage to Property charge. This avoided any conviction for his client. As part of the negotiation, Mike’s client was required to perform some community service and pay a fine. Because of the outcome that Mike negotiated, the State was also required to return Mike’s client’s vehicle. This avoided a forfeiture.