Hillary Parsons -
Client’s license was revoked for a year after he was arrested for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 -
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
Appeal of Felony Drug Conviction
Attorney: Joe Tamburino & Hillary Parsons -
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 -
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 -
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 -
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 -
Ms. Carlson helped her client avoid a DWI conviction by negotiating a
plea to a careless driving.
Gross Misdemeanor Third Degree DWI
Debbie Lang -
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.