DWI cases where a breath machine tested the driver’s alcohol level are under close scrutiny. Our office continues to advocate for access to the software program called the “source code.” Several recent Minnesota Supreme and Court of Appeals decisions have ruled favorably on behalf of the defense. Click the link to read a recent AP article http://kstp.com/article/stories/s907320.shtml?cat=1 that outlines the issue with references to Marsh Halberg of our office. For further background on the source code scroll down on this Halberg News Section to “Source Code Litigation.

Following a three day jury trial in Hastings, Dakota County, firm partner, Brent S. Schafer, obtained acquittals for his client who was charged with one felony count of Domestic Assault-Strangulation and one misdemeanor count of Domestic Assault.  The State called six witnesses during the trial.  Mr. Schafer’s client testified on his own behalf.  At the close of evidence, Mr. Schafer requested the court add one count of misdemeanor Disorderly Conduct to the complaint.  The court granted his request.  Schafer argued to the jury that his client was not guilty of the assault charges but rather was simply disorderly while in a public place.  The jury agreed and found Mr. Schafer’s client not guilty of the felony and misdemeanor assault charges.  The jury did find his client guilty of being Disorderly.  Mr. Schafer’s client was sentenced to pay a fine.

Following a court trial, firm partner Brent S. Schafer successfully argued for the return of his client’s vehicle that was seized and held for forfeiture as a result of a 2^nd Degree DWI charge.  Schafer asserted the “innocent owner” defense, arguing that the registered owner of the vehicle was unaware that the vehicle was being operated in violation of the DWI laws.  Schafer introduced evidence and testimony from the registered owner during the trial.  Ultimately, the Judge agreed with Schafer’s argument and order the vehicle to be returned to the registered owner without cost.

Halberg Criminal Defense Partner, Brent Schafer, succesfully defended his client of DWI and Failure to Report and Accident  in Alexandria, Doulglas County, MN.   Following a two day jury trial, the jury agreed with Mr. Schafer that his client, although a .11 had consumed enough alcohol after arriving home to place hime over the legal limit of .08.  The jury also acquitted his client of the charge of Failure to Report an Accident, finding that his client took appropriate steps the following day to report the incident.

We are pleased to announce that affective January 1, 2009, Lee Orwig has joined Halberg Criminal Defense as our sixth attorney practicing exclusively in the area of criminal defense. To learn more of Mr. Orwig’s background, click here.

Over the past two years numerous motions and rulings have come forward regarding the need to disclose the source code (software) of the breath machine used to test the alcohol of individuals charged with driving with an alcohol concentration of .08 or higher. This issue is now being litigated in Minnesota Federal District Court and has national consequences. Lee Orwig of our office has authored the amicus curiae source code brief which has been filed with the federal court seeking full disclosure of the source code. To view it, click here (PDF). To see informative TV news clips interviewing Marsh Halberg of our office on this issue click here or here.

Early this year, Lee Orwig and Marsh Halberg co-chaired the successful jury trial defense of our firm’s client charged with DWI and .08 in Hennepin County. Lee and Marsh raised the affirmative defense of post-driving consumption. They were able to successfully prove that defense to the jury showing it was likely that the client had consumed sufficient alcohol after driving (but before he was arrested) to place him over the legal limit.

A Dakota county judge ruled that the petitioner in an order for protection hearing brought against Nelson’s client had failed to establish that she was in fear of imminent harm. Accordingly, the court dismissed the petition.

A Blue Earth County Judge dismissed allegations that Eric Nelson’s client had violated the terms of his felony probation by being discharged from sex offender treatment unsuccessfully. Nelson argued that his client had complied with all requirements of the program and probation, attended all classes and meetings and had met all other conditions. Nelson argued that because his client was discharged only for “failure to progress” the probation violation was based upon an arbitrary and subjective determination. The court ruled that the state had failed to meet its burden that the defendant’s discharge was inexcusable as a matter of law.

A local 18 year old basketball player has been charged in Wisconsin with bank robbery. Eric Nelson of our office will lead his defense in Wisconsin while Marsh Halberg is coordinating Minnesota extradition issues and will handle any federal charges that come forward. To view a news video clip of this case click here.