STATE VS. R.M.
Jan 01, 2015OUTCOME: NOT GUILTY ON ALL CHARGES
Client was charged with DUI, Resisting Arrest, and Assault (of a police officer). Case went to trial in October 2015 and client was acquitted of all charges.
Daniel Joseph Gerl's Legal Cases (7)
Tacoma, WA
DUI and DWI Lawyer at Tacoma, WA
Practice Areas: DUI & DWI, Criminal Defense, Personal Injury
STATE V. E.N.
Jan 01, 2013OUTCOME: Dismissed for Lack of Probable Cause to Stop Driver
Client charged with DUI. Motions to dismiss for Prosecutorial Misconduct and No Probable Cause to Stop or Arrest.
Lakewood vs. W.H.
Jan 01, 2012OUTCOME: NOT GUILTY
Charged with DUI Refusal, W.H. faced demotion and expulsion from the military just two years shy of retirement. Expulsion would have meant a Dishonorable Discharge and loss of pension and benefits afte ... r a 15 year career of dedicated service to our country. Dan spent months trying to negotiate a reduced charge, which would have spared his client from being kicked out of the service. The prosecutor refused to budge, in part because the client had a similar charge almost twenty years before. At trial, Dan was able to show the jury that in fact his client had not refused the breath test, but simply could not blow into the machine as required. After deliberating less than thirty minutes, the jury returned a verdict of not guilty. W.H.'s career was saved, and he is set to retire honorably from the Army in a few years
Tacoma vs. A.M.
Jan 01, 2012OUTCOME: ARRESTED FOR DUI AND RECKLESS DRIVING = REDUCED TO TRAFFIC TICKET.
A.M. was arrested for DUI and Reckless Driving after an officer claimed he drove recklessly at excessive speeds in an attempt to avoid seizure and exhibited signs of impairment following Field Sobriety ... Tests (FSTs). After pointing out several evidentiary issues in the officer's report, Dan negotiated with the prosecutor to allow A.M. to enter a “pre-trial diversion” on the reduced charge of Negligent Driving First Degree for one year, after which the charge was amended to Negligent Driving Second Degree – a traffic infraction.
State v. S.P.
N/AOUTCOME: 2ND DUI CHARGE IN 6 MONTHS = DISMISSED.
Arrested for a second DUI charge within 6 months - and while the first one was still pending - S.P.'s attorney on the first DUI advised her that she had no choice but to plead guilty as charged or face ... high bail for the second one. After release, S.P. retained Dan Gerl who found several evidentiary discrepancies between the trooper's report, and what was clearly observed and heard on the trooper's "dash-cam" audio/video recording. After failing to negotiate a reduced charge, Dan filed motions to suppress and dismiss for lack of probable cause to arrest. At the hearing in early March, the prosecutor asked Dan one more time if his client "wanted to plead guilty." Dan politely declined; an hour later, the judge agreed that the officer's arrest of S.P. lacked probable cause and dismissed the case, less than two weeks before trial.
State vs. A.T.
N/AOUTCOME: DUI AND FELONY COCAINE POSSESSION: DRUG CHARGE DISMISSED, DUI REDUCED TO RECKLESS DRIVING WITH A 12 MONTH DEFERRED SENTENCE.
A.T. was arrested for DUI. Following arrest, the officer claimed he found a baggie of cocaine in the rear area where A.T. had been sitting just moments before en route to the jail. Despite having no cr ... iminal history, A.T. was facing up to 9 months in jail and a felony record, not to mention a conviction for DUI and 90 day license suspension. Dan conducted an investigation that blew holes in the officer's case for possession, convincing the prosecuting attorney that the drug charges had no merit. The prosecutor agreed to dimiss the felony, to reduce the DUI to Reckless Driving, and to agree to recommend a 12 month deferred sentence. In one year, the Reckless Driving charge can be dismissed completely and A.T. will again have a clean record.
State v. D.B.
N/AOUTCOME: charges dismissed
D.B. was a police officer who was charged with two counts of Theft arising from allegations by two people who he'd arrested. After a year-long investigation charges (originally referred as felonies) we ... re filed and D.B. lost his job. The prosecutors were adamant that D.B. plead guilty to ensure that he could never work again in law enforcement. We investigated the case for months, including a review of over 1000 pages of discovery and interviews with witnesses and one of the alleged victims. The latter proved damaging to the State's case; the charges were dismissed.
Ad
Transform legal challenges into solutions.
Connect now to review your situation.
