State v. JS


Gross Misdemeanor Driving While Intoxicated (DWI)


All charges dismissed and license revocation rescinded

J.S. contacted our office late at night after being taken into custody on suspicion of DWI in Anoka County. We provided legal advice leading to Mr. Southworth’s release from custody. After reviewing the discovery (evidence) I told J.S. I thought we could successfully fight his case at trial.
Police officers received a report that J.S. was driving from a neighbor who had a history of disputes with J.S. When the police arrived, although J.S. was intoxicated, he was not in his vehicle. The police arrested him even though they never saw him behind the wheel. We challenged the revocation of his license in an Implied Consent Petition.  After I cross-examined the officers involved in the arrest, the judge ruled in our favor. Specifically, the judge held that the Attorney General’s Office failed to meet its burden of proving by a preponderance of the evidence that J.S. was in control of a motor vehicle.  As a result of our success, the prosecutor in the criminal case agreed to dismiss all charges.