The defense wins: Today Minnesota DWI Defense Attorney Thomas C. Gallagher was successful for his client. He got a Gross Misdemeanor DWI Refusal case dismissal by the prosecutor a few days before the Contested Omnibus Hearing.
Attorney Thomas Gallagher had filed a motion to dismiss. The motion was due to the arresting police officer’s violation of the drivers rights. He denied her due process and failed to vindicate her right to pre-test legal counsel. Defense wins can follow such motions.
The officer interfered with the driver’s efforts to reach an attorney by phone. And then he answered her legal questions, including giving her legal advice. That advice included “you won’t get any jail time after you go to court if you refuse the chemical test.” This was misleading, and unfairly hurt her right to know what would normally happen were she to refuse chemical testing.
Defense wins require effort. And after long and deep scrutiny of the evidence in the case, Attorney Thomas Gallagher uncovered the winning issue. Gallagher had raised the same issues in the administrative drivers license revocation case (the “civil,” “implied consent case”). In that related case, he introduced the audio recording, a transcript of it. And got the officer to admit in court to the judge that he had done this. That result in recission of the “implied consent violation.”
The defense wins: happy client
Attorney Thomas Gallagher’s client now has a completely clean drivers license record and criminal record after this incident. And after retaining Thomas C. Gallagher as her defense attorney, her record is clean. And that is how many defense wins, begin.