Recent Careless Driving Outcomes in DWI Cases
Recently, Attorney Robert Ambrose obtained Careless Driving outcomes in a pair of DWI cases. At first blush, the cases did not look good. In one Ramsey County matter, his client was driving the wrong way and appeared heavily impaired. In a separate Anoka County case, his client got into a significant crash and took a breath test resulting in an alcohol concentration of .11. For most, neither matter presented an optimistic outcome at the outset.
In the Ramsey County case, the driver submitted to an evidentiary urine test that revealed the presence of a controlled substance. However, the driver was able to provide a prescription for the drug and the urine test did not reveal any concentration levels of the substance to correlate with potential impairment. Despite driving the wrong way down the road, the prosecutor agreed to reason in the matter and resolve the case as Careless Driving instead of the charged DWI. The case resulted in no jail time, a small fine, and probation. The client also had to complete a chemical dependency evaluation and attend a MADD Victim Impact Panel. Importantly, the client never lost his driver’s license throughout the case and is able to move forward in a meaningful way without a DWI conviction.
In the Anoka County case, the driver got into a motor vehicle collision significant enough to render both cars inoperable and a bleak outlook. The client later submitted to an evidentiary test that resulted in an alcohol concentration of .11 within two hours of his driving. Several prosecutors throughout the Twin Cities and state have hard cutoff points on where they will agree to a Careless Driving outcome depending on a person’s alcohol concentration level. For many prosecutors that cutoff level may be .10, .09, and even .08. Reasonably, our prosecutor agreed to change our client’s outcome from DWI to Careless Driving. Similar to the Ramsey County matter, the client had to pay a small fine, do probation, a chemical dependency evaluation, and a MADD Victim Impact Panel.
While each case presented incredible stress and anxiety for the client because of the driving conduct and thoughts of what may happen in their cases, the outcomes were incredibly reasonable, fair, and took a tremendous weight off of their shoulders. Not every single case results in a dismissal. But, defining what a “win” looks like is important when encountering the criminal justice system. For some, a “win”, may be getting their case dismissed through pretrial motions, negotiations, or trial. For others, that “win” may be obtaining the best outcome possible under the circumstances, such as preventing a DWI conviction with a plea to Careless Driving.
For a consultation at no charge about your case, please call or text us at 612-547-3199 or email: ambroselegal@icloud.com
Robert H. Ambrose is a criminal defense lawyer and DWI attorney in the Twin Cities and the state of Wisconsin. Super Lawyers named him a Super Lawyer for the past four years and a Rising Star in the preceding six years. He is an adjunct professor at the University of Minnesota Law School. DWI Lawyer Woodbury MN; Criminal Defense Attorney Minnesota; and OWI Attorney Wisconsin.