Attorney Zachary Chad Bauer's Legal Cases

DUI and DWI

State of Minnesota vs. Martini

Dec 03, 2009

OUTCOME: Improper Stop Leads to Dismissal

The defendant was charged with a 2nd Degree DUI and 5th Degree Controlled Substance Crime. Defense Counsel challenged the stop of the defendant's vehicle indicating that the Officer did not have a rea ... sonable articulable suspicion to initiate the traffic stop. At the Contested Omnibus Hearing the Court heard testimony from the Officer. During cross-examination the Officer admitted that the information contained in his police report did not match the squad car video. The Officer alleged that the defendant's vehicle has crossed the fog line and that he paced the vehicle traveling above the speed limit. Defense counsel successfully argued to the Court that the Officer's squad car video did not show a traffic infraction and that the Officer did not follow the proper protocol regarding pacing. The District Court Judge took the matter under advisement and issued a ruling on December 3, 2009 granting the defendant's motion and dismissing all of the criminal charges. In addition, the Court rescinded the license revocation in the client's implied consent file.

Criminal defense

State of Minnesota vs. Amundson

Feb 17, 2009

OUTCOME: County Attorney forced to dismiss charges

In 2008 the Defendant was charged with a crime of Terroristic Threats based upon an alleged phone call. It was clear that the County Sheriff's Office had not properly investigated the matter. Mr. Bau ... er's offense hired a private investigator and took statements from numerous witnesses which the police had "overlooked." Based upon the investigation, Defense counsel filed a Motion to Dismiss with the Court. Ultimately the Goodhue County Attorney's Office dismissed the matter on the day of the Contested Omnibus Hearing. Furthermore the Court ordered that the entire arrest and charges were to be expunged from the Defendant's criminal background.

DUI and DWI

Hatch vs. 2004 Honda Civic

Oct 08, 2008

OUTCOME: Court returns Vehicle to Petitioner

The Petitioner vehicle was initially forfeited by the Rochester City Attorney's Office because the Petitioner's sister was involved in a DUI incident. The Petitioner requested a Judicial Determination ... on the Forfeiture and raised the innocent owner defense pursuant to 169A.63. The Court heard testimony from law enforcement and the Petitioner. At the conclusion of testimony the District Court Judge found that the Petitioner had effectively shown that she was an innocent owner and ordered the City of Rochester to return her vehicle immediately.

DUI and DWI

State of Minnesota vs. Johnson

Mar 07, 2008

OUTCOME: Court dismisses DUI charges

On September 17, 2007 the defendant's vehicle was stopped near downtown Rochester. The police officer indicated that he felt the driver's actions were suspicious and that his license plates "somewhat" ... matched those of a recent gas driveoff. Defense Counsel filed a Motion to Dismiss both DUI charges and on March 7, 2008 the Motion was heard. After hearing the Motion the Court ruled from the bench that the Police Officer did not have a reasonable articulable suspicion of criminal activity to initiate a traffic stop of the defendant's vehicle. The Court suppressed all evidence the State obtained after the stop occurred and ordered that the charges against the Defendant be dismissed. Additionally the Court ordered that the alcohol-related license revocation be rescinded from the defendant's driving record.

Criminal defense

State of Minnesota vs. Sorenson

Dec 04, 2007

OUTCOME: Defendant Acquitted of Assault Charges

Defendant was charged with two counts of 5th Degree Assault, two counts of Disorderly Conduct and one count of Obstructing Legal Process. The jury heard testimony over two days and at the end of the S ... tate's case defense counsel brought a motion for a judgement of acquittal as to Count One (5th Degree Assault). The District Court granted the motion. After testimony from the defendant and closing arguments the jury deliberated for less than an hour before returning a verdict of not guilty on the remaining 5th Degree Assault charge and the Obstructing Legal Process charge. Because of this verdict the defendant was allowed to remain at her current place of employment.

DUI and DWI

State of Minnesota vs. McNamara

N/A

OUTCOME: Dismissal of all charges

Motion was filed by the defense counsel asserting that the police officer in this matter failed to vindicate the defendant's right to counsel during the reading of the Implied Consent Advisory. Ultima ... tely the prosecutor was forced to dismiss all charges.

Criminal defense

State v. Smith

N/A

OUTCOME: Jury Finds Defendant Not Guilty

In the late evening hours of April 23, 2010 Jurors in the State v. Smith (Olmsted County Case) returned a verdict of Not Guilty on the charge of Felony Domestic Assault. The jury deliberated for just ... over three hours before returning this verdict. Mr. Smith was facing a presumptive sentence of 36 months in prison and was only found guilty of Obstructing Legal Process and Driving after Cancellation; both offenses which Mr. Smith admitted to under direct examination from Mr. Bauer.

Criminal defense

State of Minnesota vs. David Wan Fearn

N/A

OUTCOME: Hung Jury on Criminal Sexual Conduct Charge

After four days of testimony and deliberating for nearly 11 hours a jury failed to reach a verdict in the David Fearn matter. Mr. Fearn was facing a presumptive prison sentence of 48 months if he was ... found guilty. Mr. Fearn was found guilty on a gross misdemeanor charge of furnishing alcohol to an individual under the age of 21. Sentencing will occur in June of 2010.

Zachary Chad Bauer's Legal Cases (8)

State of Minnesota vs. Martini

State of Minnesota vs. Amundson

Hatch vs. 2004 Honda Civic

State of Minnesota vs. Johnson

State of Minnesota vs. Sorenson

State of Minnesota vs. McNamara

State v. Smith

State of Minnesota vs. David Wan Fearn