Mike Brandt’s client was charged with Second Degree DWI in Aitkin County, Minnesota, for an offense occurring in April of 2018. Mike’s client was stopped on a county road due to some suspicious behavior and after he was arrested, submitted to a test which showed an alcohol content of .23—nearly three times the legal limit. Because Mike’s client had a prior DWI, he was charged with a Second Degree DWI and his vehicle was forfeited by the State.
As part of his representation, Mike reviewed all of the 9-1-1 calls in this case, the squad media, and thoroughly evaluated the police reports. Based upon this information, Mike challenged whether or not the initial stop of Mike’s client was legal. Prior to the hearing, the State agreed to enter into a negotiation whereby Mike’s client received a staggered sentence. This means the charge was reduced to a Third Degree DWI and his client was required to serve only a minimal amount of jail with additional jail segments in the future. However, Mike’s client can bring a motion to forgive the additional segments if he is performing well on probation.
Because of the manner in which the matter was resolved, Mike was also successful in negotiating the return of his client’s vehicle. This was a very important part of the case because his client had just purchased the vehicle and if the vehicle had been forfeited, it would have resulted in a repossession to the lienholder with a black mark on the client’s credit and a huge deficiency in what was owed on the loan. Negotiating the buy-back of the vehicle saved Mike’s client’s credit as well as thousands of dollars.