State of Minnesota v. Christopher B.
Jul 07, 2014OUTCOME: Dismissed by Motion of the Prosecution
Client was charged with 2nd Degree DWI - Refusal to Test with a prior offense in 2011. According to police Mr. B. drove past a squad car that had a license plate reader. The reader alerted police th ... at the vehicle's owner's driving privileges were revoked. The police alleged Mr. B. was immediately argumentative but showed signs of being intoxicated. The police further allege Mr. B. blew into a PBT with a result of .107 and was placed under arrest. Police then allege Mr. B. was read the Minnesota Implied Consent Advisory and when asked if he would take a test he refused. After obtaining a copy of the squad car's video recording of events Charles learned and brought to the City Attorney's attention that the client was driving his girlfriend's car and she was the registered owner; that Mr. B. is male and has a beard and therefore could not have appeared to police as the registered owner; that the police did not pull over Mr. B. but rather boxed him into a parking stall in a lot; that Mr. B. was not as uncooperative or argumentative as the police had suggested; that Mr. B. was arrested before any field sobriety tests were done - including the PBT; that at the station Mr. B. actually told the officer he had the right to remain silent and not that he refused the test. Once confirming all of Charles' challenges, the state made a motion to dismiss all charges against Mr. B. without any contested hearings
