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Case Resolved

Revocation Rescinded

Hillary Parsons - 11-Apr-2017

Client’s license was revoked for a year after he was arrested for driving under the influence and alleged to have refused to take a breath test at the station. Client has a history of significant lung issues resulting from decades of work around asbestos and industrial solvents. Client attempted to take the test at the police station at the advice of an attorney, but was unable to blow a sufficient amount of air into the DataMaster testing device. The officer in the case did not offer a blood or urine test to the Client. At the hearing, the officer testified that Client was manipulating the machine to avoid submitting to a test. At that hearing, Client testified about his lung ailments which result in significant shortness of breath. He testified that he did everything he could to follow the officer’s directions but was unable to blow hard enough into the testing device. The officer testified that Client never informed him of his lung ailments, but this testimony was contradicted by the audio of the testing period in which Client clearly stated: “I have lung problems.” The officer in the case completely disregarded this statement and failed to offer an alternative test, instead charging Client with a gross-misdemeanor DWI. In the Court’s order rescinding Client’s revocation, Ramsey County Judge Nelson noted that the officer did not testify credibly about Client’s “manipulation” of the test. Judge Nelson found Client’s testimony about his work history and recent visits with his doctor to be credible. Client, whose serious medical condition was ignored by the arresting officer, is thrilled with the result of the hearing and that his license was reinstated.

Implied Consent License Hearing

Lis Carlson - 9-Jul-2015

Defense: Petitioned for judicial review; reversed cancellation of driver’s license.

Outcome: Client was arrested for DWI and asked to take a urine test. Testing at the BCA revealed Schedule I and II controlled substances. JS’ driver’s license was cancelled for three years as inimical to public safety as a result. Attorney Carlson petitioned for judicial review of this license cancellation, challenging the urine test. After a contested hearing, and cross examination of the arresting officer, the Judge ruled in Attorney Carlson’s favor and reversed the cancellation of her client’s license.

Appeal of Felony Drug Conviction

Attorney: Joe Tamburino & Hillary Parsons - 6-Apr-2015

Defense: 4 th Amendment – Illegal Search & Seizure

Outcome: Joe and Hillary’s client was convicted of a felony marijuana grow operation in Hennepin County. The case involved the search of the client’s business wherein the police found a marijuana grow operation. Joe and Hillary determined that the search was not constitutionally permitted and decided to appeal the conviction to the Minnesota Court of Appeals. After almost a year of appellate litigation, including brief writing and oral arguments, the Minnesota Court of Appeals issued their decision and found in favor of the defense. The Court of Appeal reversed the conviction. The client, as well as Joe and Hillary are very happy with the decision. The client is no longer a felon.

5th Degree Assault

Attorney: Betsey Urbas - 2-Apr-2015

Defense: Negotiate a deal to reduce charges

Outcome: This was a serious case in Hennepin County in which the client was initially arrested for probable cause felony Assault in the Third Degree after a large melee that resulted in the victim losing consciousness upon being struck by the client. Attorney Urbas was able to help client avoid felony-level charges and successfully negotiated a disposition by which adjudication of guilt was withheld for a period of 1 year on a lesser charge of misdemeanor 5th Degree Assault. No jail time was imposed, and if the client remains law abiding for the next year, the charge will be dismissed completely and the client will avoid any conviction on his record thus preserving his employment as a corrections officer with the Department of Corrections.

Maltreatment Determination & DHS Disqualification- $1.00

Hillary Parsons - 16-Sep-2014

Outcome: Client, who worked at a residential facility providing care to troubled teenagers, was found to have committed serious maltreatment after a patient's finger was broken while under his care. He was disqualified from ever working with individuals serviced by facilities licensed by the Dept. of Human Services, which completely destroyed his career. Attorney Hillary Parsons appealed both the maltreatment determination and the disqualification. After a lengthy appeal, The Dept. of Human Services determined that although maltreatment had occurred, client was not responsible for the maltreatment. The determination of maltreatment was reversed and the disqualification was rescinded. The file was sealed and client is now freely able to work with individuals serviced by the DHS.

4th Degree DWI; Implied Consent Proceeding

Betsey Urbas & Lis Carlson - 24-Apr-2014

Outcome: Attorney Urbas was able to resolve the criminal portion of the case with a plea to a reduced charge of careless driving with no executed jail time or license revocation. Attorney Carlson handled the implied consent proceeding and successfully motioned the court to rescind client's driver's license revocation. Due to this great team defense, the client avoided a DWI conviction and any related license revocation.

4th Degree DWI (test of .11)

Lis Carlson - 19-Feb-2014

Outcome: Ms. Carlson helped her client avoid a DWI conviction by negotiating a plea to a careless driving.

Gross Misdemeanor Third Degree DWI

Debbie Lang - 15-Mar-2013

Outcome: Despite the prior DWI conviction, Attorney Lang resolved this case by negotiating a plea to speeding. The DWI charges were dismissed. There was no jail time, no community service, no electronic home monitoring. Client did not have to attend alcohol treatment or educational programming.

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