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Osborn also received a winning order today in a DWI case in Hubbard Co. in which she argued the warrantless search and seizure was a violation of her client’s constitutional rights. Osborn raised the issue at the end of last year even before the McNeely case had been argued or answered at the U.S. Supreme Court. The Hubbard Co. judge’s denial was based upon Mn law at the end of last year . But, by raising the issue at that time – Osborn preserved the issue for her client. After McNeely was decided – Osborn filed a motion to reconsider. The judge agreed with Osborn, over the Hubbard County Attorney’s objection, and is now reconsidering his earlier decision.
Osborn then went on to fight the Criminal portion of the case at an Omnibus Hearing in June. Osborn presented evidence through several witnesses and cross-examined the arresting officer. After presentation of her case, Osborn again argued that the state lacked the requisite Probable Cause to invoked the implied consent law and to proceed to trial. The judge in that case agreed with Osborn and dismissed the charges against Osborn’s client. Osborn’s client walked away without a criminal conviction!
In the related Implied consent case Osborn convinced the judge that the state failed to meet its evidentiary burden to prove that the urine test was administered according to scientifically acceptable procedure and the judge ruled that the test could not be used. Thus, Osborn WON the implied consent case for her client.
A win on both the Criminal DWI and the Civil Implied Consent Cases – means that the client walks away without a DWI on her criminal record or an alcohol related driving offense on her driving record.
In a recent DWI case, Sharon Osborn won in the civil case when a Dakota County Judge rescinded the revocation of Osborn’s clients driving privileges. As a result, the arrest, breath test result and license revocation were all deleted from her client’s driving record.
Knowing that a win in the civil case was not the end of the fight, Osborn then moved forward with a zealous defense in the criminal case. Using the civil discovery rules, Osborn inundated the prosecutor with Motions to exclude certain evidence, Motions to determine the admissibility of exhibits and other evidence, and a Request for Production of Document. Osborn then retained a forensic scientist to attack the the state’s alcohol breath test results. On the day of trial Osborn was ready to move forward. The prosecutor then offered to amend the charge from Gross Misdemeanor DWI, to a charge of Careless Driving. Osborn’s client accepted the offer.
Thus, the case was “won.” Osborn’s client was not convicted of a DWI in the criminal case, nor did the revocation stand in the civil case.
After receipt of this paperwork, the prosecutor called Osborn and agreed to return the vehicle. Osborn was able also to secure the return of the vehicle to the client with minimal costs, the client had to pay the initial towing charges, there were no storage fees.
If you have been accused of a DWI or DUI and your car, boat or motorcycle has been seized for forfeiture, call Sharon Osborn immediately. If you fail to file certain documents within 30 days, you will likely be unable to have your vehicle returned.
Osborn secured the Stay of Adjudication, which resulted in her client avoiding a criminal conviction – without the expense and emotional stress of trial.
“A stay of adjudication is essentially a continuance of sentencing, without final adjudication of guilt, usually upon certain conditions, and with the prospect of avoiding a final conviction.” 9 Henry W. McCarr & Jack S. Nordby, Minnesota Practice – Criminal Law and Procedure § 36.3 (3d ed. 2006)
Sharon Osborn convinced the Hennepin County Attorney’s Office to return the $30,000 vehicle it had seized just the week before.
The circumstance that resulted in the seizure was that a Minnesota state trooper noticed Osborn’s client, JS, traveling at a high rate of speed. The trooper traveled at speeds around 125 miles per hour to catch the vehicle. Because of the speed he traveled to catch JS’s vehicle, he claimed that JS had intentionally tried to evade him and arrested her for felony fleeing a peace officer.
Because the state can forfeit an automobile used in the commission of such a crime, the trooper eagerly sought to take the car. He issued JS a notice of forfeiture for the 2005 Acura. JS hired our firm to represent her for the criminal charges and to prevent the government from legally “stealing” her car.
Sharon Osborn, immediately took aggressive action. She knew that the county would have to appear at a hearing before a judge within 96 hours of the seizure. Sharon, armed with the latest research, believed she could get the vehicle back and took on an unsuspecting Assistant Hennepin County Attorney. At the conclusion of the hearing the judge told the parties that he needed time to review the issue. Shortly afterward, the state called Sharon and agreed to return the vehicle provided JS pay for the towing charges. The vehicle was return to JS safe and sound.