Nicole Nichols’ client was charged with two counts of carrying a firearm while under the influence of alcohol under Minn. Stat. 624.7142. Nicole’s client had his commercial driver’s license and was concerned about how this would impact both his criminal record and his driving privileges. Nicole’s client’s alcohol concentration was .04. The statute states the alcohol concentration must be more than .04. At the first two court appearances, the state’s offer was to plead guilty with no jail time. Nicole and her client decided not to take the offer. Nicole explained her plan to the prosecutor which was to file a probable cause motion challenging whether the State would even have enough evidence to move forward on the charges, since her client’s alcohol concentration was .04 exactly. The state subsequently dismissed all of the charges against Nicole’s client.
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