Recent Victories

State v. Johnson
County: Ramsey Co. (3/2010)
Charges: 1st Degree Controlled Substance
Outcome: 426 grams of Cocaine suppressed due to illegal search, all charges dismissed.
RichardJohnsonOrder (PDF)

P.Z. v. Commissioner of Public Safety
County: Hennepin Co. (3/2010)
Charges: 4th Degree DWI
Outcome: Implied Consent victory, finding of unconstitutional seizure, all driving rights restored, DWI removed from driving record.

State v. Dawson
County: Sherburne Co. (1/2010)
Charges: 4th Degree DWI
Outcome: DWI dismissed, plead to no tail lights (petty misdemeanor)

State v. P.V.
County: Washington Co. (1/2010)
Charges: Felony flee in a motor vehicle, 4th Degree DWI, and forfeiture of $50,000 Mustang Shelby Signature Series
Outcome: Downward departure to Gross Misdemeanor, Dismissal of DWI & client got the $50,000 vehicle back

State v. M.H.
County: Hennepin (1/2010)
Charges: 4th Deg. DWI with urine test .17 and driving while impaired
Outcome: Both charges dismissed during jury selection

State v. Harnicar
County: Hennepin Co. (1/2010)
Charges: 4th Degree DWI
Outcome: Inattentive Driving, DWI dismissed

State v. L.S.
County: Washington Co. (1/2010)
Charges: Felony DWI (4th in 10 years)
Outcome: Facing prison or minimum of 180 days, sentence of only 40 days.

State v. Hamilton
County: Hennepin Co. (12/2009)
Charges: 3rd Degree DWI (gross misdemeanor)
Trial Type: Rasmussen
Outcome: Stay of Adjudication on 3rd Degree DWI (not found guilty), guilty of Carless driving only

State v. Jacques
County: Washington Co. (10/2009)
Charges: 4th Degree DWI
Trial Type: Jury Trial
Outcome: Client had a .12 test, told officer she “drank too much,” failed the field sobriety tests, and jury found her Not Guilty

State v. Crist
County: Hennepin Co. (3/2009)
Charges: Unlawful Assembly & Interference with Pedestrian or vehicular traffic (misdemeanor)
(following Rage against the Machine concert)
Trial Type: Pre-Trial
Outcome: Case dismissed

State v. Olsen
County: Wright (2/2009)
Charges: Probation Violation on 4th Deg DWI – alleges alcohol consumption violating conditions of probation.
Trial Type: Contested Probation Violation Hearing
Outcome: Case dismissed

Floyd v. Forfeiture Money
County: Hennepin (2/2009)
Charge: Forfeiture of Drug Money: Attempted forfeiture of Defendant’s bank account due to criminal charges of felony sale and distribution of marijuana (see State v. Floyd)
Trial Type: Negotiation
Outcome: Client retains/awarded ½ of bank account funds

State v. Dolalie
County: Hennepin (1/2009)
Charges: 4th Degree BWI (boating while intoxicated)
Outcome: We challenged whether the officer had a legal basis to stop our client’s boat. The judge agreed with us and threw the case out.

State v. Michaels / Michaels v. Commissioner of Public Safety
County: Dakota (2009)
Charges: 4th Degree DWI
Trial Type: Rasmussen Hearing/Implied Consent Hearing
Outcome: Criminal charge amended to petty misdemeanor traffic violation / Implied Consent case dismissed, Revocation Rescinded

State of Minnesota v. 17 yr. old Juvenile Defendant
County: Rice (2009)
Charges: 2nd Degree Attempted Murder
Trial Type: Adult Certification Hearing
Outcome: Defense successfully kept 17 yr. old from being tried as an Adult for the above-crime listed

Jiroutek v. Commissioner of Public Safety
County: Hennepin (2008)
Charges: 4th Degree DWI
Trial Type: Implied Consent Hearing
Outcome: Implied Consent case dismissed, Revocation Rescinded

Kampa v. Commissioner of Public Safety
County: Dakota (2008)
Charges: 2nd Degree DWI Test Refusal – Revocation of 1 yr.
Trial Type: Implied Consent Hearing
Outcome: Implied Consent case dismissed, Revocation Rescinded

Schindler v. Commissioner of Public Safety
County: Chaska (2008)
Charges: 2nd Degree DWI Test Refusal – Revocation of 1 yr.
Trial Type: Implied Consent Hearing
Outcome: Implied Consent case dismissed, Revocation Rescinded

State v. Kahn
County: Ramsey (2008)
Charges: 5th Degree Assault
Trial Type: Jury Trial
Outcome: Found not guilty of Assault, amended to Disorderly conduct

State v. Gleason / Gleason v. Commissioner of Public
County: Anoka (2008)
Charges: 4th Degree DWI
Trial Type: Plea Agreement/Implied Consent Hearing
Outcome: Plea amended to Careless Driving – non-alcohol related / Implied Consent case dismissed, Revocation Rescinded

State v. Spencer / Spencer v. Commissioner of Public Safety
County: Hennepin (2008)
Charges: 4th Degree DWI
Trial Type: Plea Agreement/Implied Consent Hearing
Outcome: Amended Plea to Illegal Change of Course / Implied Consent case dismissed, Revocation Rescinded

State v. Luskey / Luskey v. Commissioner of Public
County: Dakota (2008)
Charges: 4th Degree DWI
Trial Type: Jury Trial/Implied Consent Hearing
Outcome: Acquittal by Jury Trial / Implied Consent case dismissed, Revocation Rescinded

State v. Bender
County: Hennepin (2007-08)
Charges: 16 counts of attempted murder for the benefit of a gang
Trial Type: Jury Trial
Outcome: Case dismissed, defendant released

State v. Zweber
County: Hennepin (2008)
Charges: 5th Degree Possession of a Controlled Substance (Methamphetamine)
Trial Type: Motion to Suppress Evidence
Outcome: Motion granted, evidence suppressed, case dismissed

State v. Benedict
County: Itasca (2008)
Charges: Theft, cash seized during warrant search
Outcome: Cash seized returned

State v. Floyd
County: Hennepin (2007)
Charges: 5th Degree Felony Intent to Sell Marijuana
Trial Type: Plea Hearing
Outcome: Continued – probation before conviction. 3yrs probation, amend conviction to Petty Misdemeanor, & $300 fine

State v. Ingvalson
County: Washington (2007-08)
Charges: Violation of a School Bus Stop Arm
Trial Type: Motion to Suppress Evidence, Trial
Outcome: Motion granted, case dismissed

State v. Braun
County: Washington (2007-08)
Charges: 5th Degree Domestic Assault
Trial Type: N/A
Outcome: Amended plea to Disorderly Conduct/ Received Continuance for Dismissal

J.T. v. Commissioner of Public Safety
County: Hennepin (2007)
Charges: Implied Consent for 3rd Degree DWI
Outcome: Case dismissed

State v. Kupsky
County: Wright (2007)
Charges: Gross Misdemeanor failure to stop for School Bus Stop Arm
Trial Type: Jury Trial
Outcome: Motion for Acquittal Granted

State v. Rockne
County: Hennepin (2007)
Charges: 4th Degree DWI
Trial Type: Motion to Suppress Evidence
Outcome: DWI dismissed, Implied Consent also dismissed, Revocation Rescinded.

State v. Kpedua
County: Ramsey (2007)
Charges: Domestic Strangulation
Trial Type: Jury Trial
Outcome: Motion for Acquittal Granted

State v. R.T.
County: Washington (2007)
Charges: Six counts of 1st Degree Criminal Sexual Conduct, one count of possession of pornography
Trial Type: Motion for Downward Durational Departure
Outcome: Facing Presumed Guideline Sentence of 12 years, Motion granted, Sentenced to 1 year in workhouse with work release privileges, no prison

State v. Alvardo
County: Goodhue (2007)
Charges: 2nd Degree DWI
Trial Type: Motion to Suppress and Dismiss
Outcome: Motion granted, case dismissed

State v. Chutz
County: Ramsey (2005)
Charges: 2nd Degree Possession of Controlled Substance (Methamphetamine)
Trial Type: Motion to Suppress Evidence
Outcome: Motion granted, evidence suppressed, case dismissed