Mike Brandt’s client was charged with second-degree test refusal after crashing his vehicle into a loading dock area of a school in Wright County, MN. Through the course of his client’s interaction with the police, Mike’s client was very obstinate and uncooperative. When asked to submit to a test for alcohol, Mike’s client refused to take the test causing the charges to rise to the level of second degree.
In preparing the case, Mike filed a motion to challenge the test refusal charge based upon the fact that the officer did not give Mike’s client sufficient time to contact an attorney. Because of this, Mike was successful in getting the refusal charge dismissed and negotiating a very favorable result. Specifically, at the beginning of this case, the State was seeking 40 days in jail and 80 days on electronic home monitoring. After litigating the issues and prevailing, the State offered a negotiation where Mike’s clients spent 28 days on house arrest with no jail. Mike’s client was placed on two years of probation and given very minimal probation conditions.