Attorney Jay Edward Carey's Legal Cases

DUI and DWI

State v. J.H.

Oct 04, 2011

OUTCOME: Court dismissed the case in its entirety, ruling that the traffic stop was unconstitutional because it was not supported by a reasonable, articulable suspicion of criminal activity.

Client charged with Second Degree DWI, enhanced by two prior DWI convictions within 10 years. Client faced a mandatory executed sentence of 90 days in jail. I challenged the constitutionality of the t ... raffic stop in a contested evidentiary hearing where my client and the arresting officer testified.

DUI and DWI

State of Minnesota vs. D.G.

Aug 02, 2010

OUTCOME: Charges reduced to Careless Driving, and client prevailed at the license revocation hearing. Client experienced only minimal interruption in work-related driving. Client has a clean record with respect to DWI.

Client was charged with Fourth Degree DWI. Police stopped client's vehicle for swerving and failure to signal. Client submitted to a urine test, resulting in an alcohol concentration of 0.10. Client w ... as employed as a driver of an international delivery company. I challenged the license revocation and obtained temporary reinstatement of client's driving privileges, pending resolution of the case.

DUI and DWI

State of Minnesota vs. E.E.

Jun 26, 2010

OUTCOME: Prosecutor returned the forfeited vehicle to client's mother. Client received a stay of adjudication of guilt, meaning that client was not convicted of DWI. Client prevailed at the license revocation hearing and avoided one year of license cancellation.

Client was charged with Second Degree DWI, enhanced by two prior DWI convictions within the previous 10 years. Police arrested client after a reported domestic disturbance involving alcohol use. Client ... submitted to a urine test, resulting in an alcohol concentration of 0.13. Police forfeited the vehicle driven by client, which was owned by client's mother. I challenged the license revocation and license plate impoundment and obtained temporary reinstatement of client's license and plates, pending resolution of the case. I also challenged the vehicle forfeiture.

DUI and DWI

State of Minnesota vs. D.S.

May 18, 2010

OUTCOME: Charges reduced to Careless Driving, $300 fine, and sentence stayed for one year of probation to the court.

Client charged with Fourth Degree DWI. Police stopped client's vehicle for swerving several times over the fog line. Client submitted to a urine test, resulting in an alcohol concentration of 0.13. C ... lient was employed as a correctional officer.

DUI and DWI

State of Minnesota vs. M.L.

Jul 09, 2009

OUTCOME: Prosecutor returned the forfeited motorcycle to client. Charges reduced to misdemeanor Fourth Degree DWI. Client was sentenced to serve 18 actual days of house arrest. Client's license challenge is pending due to the ongoing source code litigation.

Client was driving a motorcycle and collided with an occupied vehicle. No one was hurt. Police charged client with Second Degree DWI (gross misdemeanor), enhanced by separate aggravating factors of a p ... rior DWI within 10 years and an alcohol concentration of 0.20 or more. Client submitted to an Intoxilyzer test, resulting in an alcohol concentration of 0.25. The police forfeited client's Harley-Davidson motorcyle due to Second Degree DWI charges. I challenged the license revocation and vehicle forfeiture. I also challenged the source code to the Intoxilyzer machine in both the criminal and civil license revocation cases.

DUI and DWI

State of Minnesota vs. H.L.

May 26, 2009

OUTCOME: Charges reduced to Carless Driving. Client was required to performed two days of community work service and pay a fine of $78. Client's license revocation challenge is pending due to the ongoing source code litigation.

Client was charged with Third Degree DWI, enhanced by a prior DWI conviction within 10 years. Police stopped client's vehicle for observed erratic driving. Client submitted to an Intoxilyzer test, resu ... lting in an alcohol concentration of 0.10. I challenged the source code to the Intoxilyzer machine. I also challenged the license revocation and license plate impoundment. I obtained temporary reinstatement of client's license and plates, pending resolution of the case.

DUI and DWI

State of Minnesota vs. S.M.

Mar 10, 2009

OUTCOME: Charges reduced to Careless Driving. Client saved his unique job.

Client was charged with Third Degree Test Refusal, Fourth Degree DWI, and No Proof of Insurance. Police stopped client's vehicle for swerving and traveling too slowly on the Interstate. Client submitt ... ed to a preliminary breath test, indicating an alcohol concentration of 0.10. Client also mistakenly ingested a muscle relaxant medication prior to driving. Client was physically handicapped and suffered from a traumatic brain injury due to a past accident. Client received Social Security Disability but worked part-time assisting disabled persons with the fitting of prosthetic devices. Client's employer of 10 years indicated it would fire him if convicted of Test Refusal or DWI. Client desperately needed to keep his job to meet child support and other family obligations. I challenged the license revocation and obtained temporary reinstatement of client's driving privileges, pending resolution of the case.

Jay Edward Carey's Legal Cases (7)

State v. J.H.

State of Minnesota vs. D.G.

State of Minnesota vs. E.E.

State of Minnesota vs. D.S.

State of Minnesota vs. M.L.

State of Minnesota vs. H.L.

State of Minnesota vs. S.M.