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MN DWI » Due Process Defense wins DWI & Implied Consent Cases – Dismissed & Rescinded

Due Process Defense wins DWI & Implied Consent Cases – Dismissed & Rescinded

DWI charge dismissed

Today Minneapolis DWI Defense Attorney Thomas C. Gallagher was successful in getting a Gross Misdemeanor DWI Refusal case dismissed by the prosecutor a few days before the scheduled Contested Omnibus Hearing.  Gallagher had filed a motion to dismiss due to the arresting police officers violation of the drivers right to due process and failure to vindicate her right to pre-test legal counsel.  The officer interfered with her efforts to reach an attorney by phone, then answered her legal questions including giving her legal advice which included “you won’t get any jail time after you go to court if you refuse the chemical test.”

After long and deep scrutiny of the evidence in the case, Gallagher uncovered what turned out to be the winning issue.  Previously, Gallagher raised the same legal issues in the administrative drivers license revocation case (the “civil,” “implied consent case”), where 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.”

Gallagher’s client now has a completely clean drivers license record and criminal record after this incident, and retaining Thomas C. Gallagher as her defense attorney.

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