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Halberg News Archive
Charges Dismissed – Kanabec County
Drugs and a stolen gun were found when officers executed a search warrant on the home of Tina Appleby's client. He was thereupon charged with Controlled Substance Crime and Receiving Stolen Property--- Firearm. Each are felony crimes that carry stiff sentences. Prior to an evidentiary hearing, Tina convinced the State that it would not be able to prove the drug charge, so the prosecutor dismissed it. Tina then challenged the search warrant as it pertained to the stolen gun, arguing that the officers exceeded their authority. The judge agreed, so that charge was dismissed as well.
First Degree Controlled Substance – Prison Avoided – Sterns County
Tina Appleby had a client charged with two separate Controlled Substance Crime in the First Degree crimes. Each was on a different date, and each carried a presumptive commit to prison for 86 months. Thanks to his own tremendous effort rehabilitating himself and Tina Appleby's resolve to show it, one count was dismissed and the other resulted in a downward departure to 180 days in the local jail as long as he is compliant with other conditions --- primarily, abstinence from alcohol and non-prescription drugs.
Schafer Successfully Challenges License Revocation
Following a trial, Washington County District Judge grants firm partner Brent S. Schafer’s motion to dismiss/rescind the revocation of his client’s driver’s license for DWI/DUI. In written findings, the judge agreed with Schafer’s argument that the arresting office did not have a reasonable basis to stop his client. The officer testified that he stopped the vehicle for crossing the fog-line and failing to signal a turn. Following Schafer’s cross examination of the office and introduction of videotaped evidence, the presiding judge found that the stop was illegal.
Press Release: Accomplished DUI/DWI Attorney Authors Minnesota’s Premier DWI Handbook
Halberg Criminal Defense, Minnesota’s most experienced criminal law firm today announced publication of the first edition of the 2008-2009 Minnesota DWI Handbook, written by its newest partner, Doug Hazelton. The Handbook is now available from West Publishing, the world’s largest legal publishing house. The annual publication is an excellent reference tool for defense attorneys, prosecutors, judges, probation officers, law enforcement and the media, as well as the general public.
Driver’s License Revocation Successfully Challenged
Firm partner, Brent S. Schafer, successfully challenges the revocation of client’s driver’s license after his client refused to submit to a chemical test to measure the alcohol concentration in his blood system. During a trial to the court, Schafer presented evidence and argued to the judge that his client was not provided a reasonable amount of time to consult with an attorney prior to deciding whether or not to submit to the chemical test. The presiding judge agreed and found that the arresting officer prematurely terminated our client’s access to the telephone; thus, violating his constitutional and statutory right to consult with an attorney prior to deciding whether or not to submit to chemical testing. As a result, the judge ordered that Schafer’s client’s driving privileges be re-instated and all reference to the incident be removed from his driving record.
County’s Restitution Claim Denied
Firm partner, Brent S. Schafer, obtained an Order from Hennepin County District Court denying a restitution claim brought by the Hennepin County Attorney for damages allegedly caused by Schafer’s client as a result a DWI/DUI related accident. As a result of the order, Schafer’s client was ordered to pay only approximately $1,500.00 of the requested amount that was approximately $6,000.00.
Second Degree Possession of a Controlled Substance – Not Guilty!
A Dakota County jury acquitted Eric Nelson’s client of Second Degree Possession of a Controlled Substance. Mr. Nelson’s client was accused of possessing over 12 grams of cocaine in Burnsville. Mr. Nelson successfully established that the substance was 99.94% baking soda and that his client was completely unaware that any portion of the substance was cocaine.
Driver’s License Revocation Successfully Challenged
Eric Nelson’s client had his driving privileges revoked for refusing to submit to a DWI breath test in Apple Valley, Dakota County. After hearing testimony from the arresting officer, the court found that the officer did not have a reasonable suspicion that our client was driving under the influence and that therefore the officer did not have a reason or legal basis to request field sobriety testing. Specifically, the officer detected no evidence typical of impairment: no slurred speech, no fumbling through his wallet, an ability to follow directions and no blood shot eyes or any other clues of impairment. The only evidence was a “faint” odor of alcohol. This was determined to be insufficient to request field sobriety tests.
Source Code Litigation
The instrument used to measure a suspected drunk driver’s breath alcohol concentration has come under heavy scrutiny. The Intoxilyzer 500 Minnesota Model is manufactured by CMI, a Kentucky corporation. Numerous judges across the state of Minnesota have ordered that the State and CMI must produce the machine’s “source code”. The “source code” is the computer program that analyzes the data imputed into the machine when a suspect provides a breath sample. Because CMI has refused to provide the “source code” the State of Minnesota has sued the manufacturer in Federal Court. The six attorneys at Halberg Criminal Defense have successfully raised source code challenges in numerous counties in Minnesota. Click on the following links to read and hear Marsh Halberg discussing this issue with local Twin Cities news organizations:
Motion to Suppress and Dismiss Granted – Burnsville, Dakota County
15 police officers executed a search warrant for narcotics at the Burnsville apartment of Eric Nelson’s client. After barging in with guns drawn, officers handcuffed Eric’s client and began tearing through her apartment. After finding no evidence of drug activity, the officers asked if she would willingly consent to a search of her vehicle. After signing a consent form, officers located a small amount of cocaine behind the rear passenger seat. A Dakota County judge has ruled that the officers actions so intimidated Eric’s client that her consent was coerced and not freely, voluntarily or intelligently given. Accordingly, the judge suppressed the evidence and dismissed the charges.
Acquittal – St. Anthony, Hennepin County – Physical Control DWI
A Hennepin County Judge found Eric Nelson’s client Not Guilty of being in physical control while impaired (DWI). Eric’s client was a passenger in his own vehicle when he passed out due to intoxication. The friend, who was driving the car, left Eric’s client sitting in the car to sleep it off. After waiving a jury, the court found that Eric’s client had not driven, nor were there any indications that he “has or is about to make the motor vehicle a source of danger to others.”
Acquittal – Coates, Dakota County – Refusal/Physical Control DWI
After waiving a jury, a Dakota County Judge found Brent Schafer’s client Not Guilty of being in physical control of a motor vehicle while impaired (DWI). Mr. Schafer demonstrated that the client had intentionally locked his keys in his own car knowing that he would be intoxicated. The Court also found that Brent’s client Not Guilty of Refusing to submit to chemical testing.
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