Attorney Robert Ambrose obtained a complete dismissal in a DWI case and his client got his CDL disqualification reinstated. The matter arose from a DWI case where the basis for the traffic stop was successfully challenged in pre-trial motion practice.
A Minnesota State Patrol Officer believed our client was not driving his side-by-side ATV on the proper place of the road. The law requires that Class 2 ATVs be operated on the right shoulder or extreme right-hand side of the road. This officer believed the law required side-by-sides to be on the shoulder and not on the road at all. Here, our client drove hugging the right fog line. Movement over the line would have resulted in a dangerous place risking harm to himself, passengers, and property as there were mailboxes hanging over the road as he drove. All of this was viewable on the squad video obtained by us.
The Fourth Amendment prohibits unreasonable searches and seizures. When you challenge a traffic stop in a DWI case, drug case, firearm case, and such, you are arguing that the Fourth Amendment was violated along with article I, section ten of the Minnesota Constitution for Minnesota cases. Any evidence obtained after an illegal stop should be suppressed, which dismisses most charges if granted, like DWI cases.
Here, the trooper also alleged that the driver was not properly wearing his seatbelt. But, the prosecution only argued in its brief that the driving behavior was the basis for the stop. Thus, the district court did not need to address the issue and simply ruled that the seizure was improper because the trooper did not observe a traffic violation. Not only did the trooper drop the ball, but the prosecution did also. The result was an opportunity to get a client’s case dismissed, and his CDL disqualification reinstated.
Importantly, DWI cases involve driver’s license revocations. For those that hold commercial driver’s licenses (CDLs), it can result in a disqualification. Challenging both are important to a person’s livelihood and what is reflected on their driving records. The criminal part of the case with the charges for DWI are also very important. Here, the success in the criminal case allowed the Minnesota Attorney General’s Office to agree it was a bad traffic stop and agreed to not go through further litigation on the license revocation side.
If you, or someone you know, is facing a DWI charge or a case arising out of a traffic stop, contact us for a consultation at no charge, please call or text us at 612-547-3199 or email: ambroselegal@icloud.com. A thorough case review may uncover critical pieces to help put you in a better situation.
Robert H. Ambrose is a criminal defense lawyer and DWI attorney in Minnesota and Wisconsin. Super Lawyers named him a Super Lawyer for the past three years and a Rising Star in the preceding six years. He is an adjunct professor at the University of Minnesota Law School. DWI Attorney Minneapolis MN; Criminal Defense Attorney Wisconsin; and Criminal Appeals Attorney Minnesota.