Previous Drunk Driving Cases

State of Minnesota- Minnesota Court of Appeals
State of Minnesota vs. Appellant,
C9-02-359(Minn. Ct. App.December 10th, 2002)
Gross Misdemeanor DWI
Reversal
Mr. Kans represented the Appellant in this case. In this case, Mr. Kans' client was asleep in his car, behind the wheel, in the parking lot of an apartment complex. The police received an anonymous call of a suspicious vehicle and responded by pulling their squad cars directly behind the Appellant's car. Mr. Kans agrued, before the Court of Appeals, that when the officers pulled directly behind his client a seizure had occurred; therefore, his client, at this time, was entitled to constitutional protection. Furthermore, the officers did not have a "articulable reasonable suspicion" to seize his client at that point. The Court of Appeals agreed with this argument and reversed the lower court's decision.

State of Minnesota
Felony - Possession of a Controlled Substance-Case Dismissed (District Court File No. KX-02-1244)
Mr. Kans represented a defendant charged with possession of a controlled substance discovered after a routine traffic stop. Mr. Kans argued, on behalf of his client, that the police officer's subsequent search of defendant's vehicle violated his constitutional right against unreasonable searches and seizures. The District Court agreed with Mr. Kans and granted defendant's motion to suppress the evidence found in the vehicle and to dismiss all charges for lack of probable cause.

State of Minnesota
Felony-Fleeing a Police Officer in a Motor Vehicle-Case Dismissed (District Court File No. KX-00-766)
Mr. Kans represented a defendant charged with fleeing a police officer in a motor vehicle (motorcycle) that was alleged to have traveled well over 100mph during a high speed chase with the police. Mr. Kans argued that the police officer's subsequent traffic stop of defendant's motorcycle 15 minutes later violated his constitutional right against unreasonable searches and seizures. The District Court granted the defendant's motion to suppress all evidence obtained as a result of the stop and dismissed the criminal charges for lack of probable cause.

State of Minnesota
Misdemeanor Underage Drinking and Driving-Case Dismissed (District Court File No. T4-00-1282)
Mr. Kans represented a defendant charged with driving a motor vehicle after consuming alcohol and while being underage. Mr. Kans argued that the traffic stop of defendant's motor vehicle was a violation of his constitutional right against unreasonable searches and seizures. The District Court granted the defendant's motion to suppress all evidence obtained as a result of the stop and dismissed the criminal charges for lack of probable cause.

State of Minnesota
Misdemeanor DWI-Case Dismissed (District Court File No. C2-01-13565)
The defendant's motor vehicle was stopped by a State Trooper after the Trooper observed the vehicle's tires cross the fog line on the right hand side of the road. Because of this conduct, the time of night, and because it was a weekend night, the Trooper thought the defendant may be under the influence of alcohol.. Mr. Kans argued that this basis was insufficient to support a traffic stop under the law. The District Court Agreed and rescinded (dismissed) the license revocation. Subsequently, the criminal charge of DWI was dismissed by the prosecutor as a result of this decision.

State of Minnesota
DWI & Hit and Run-Case Dismissed-Warrentless Entry into Apartment(Court File No. 03069307)
Mr. Kans represented a defendant who was arrested and charged with a DWI after several police officers entered his apartment and subsequently placed him under arrest for DWI and Hit and Run. Mr. Kans argued that the police officer’s entry into the apartment was a violation of defendant’s constitutional right against warrantless entries into the home. The District Court agreed and dismissed the criminal charges against the defendant.

State of Minnesota
Driving While Intoxicated-No Basis for PBT and the Police Officer lacked Probable Cause to Arrest the Driver (Court File No. C0-99-15135,T1-99-11630)
Mr. Kans represented a client that was charged with driving a motor vehicle while having a BAC of .14. At the client's license revocation hearing, Mr. Kans argued that the police officer did not have a sufficient basis to have the defendant blow into the PBT. Furthermore, Mr. Kans argued that the police did not have sufficient probable cause to arrest the defendant for driving under the influence. The District Court agreed on both counts and rescinded (dismissed) the license revocation. Subsequently, Mr. Kans was able to prevent a conviction for DWI.
 
State of Minnesota
Driving While Intoxicated(Blood Alcohol Concentration .18) Right to Counsel not vindicated (Court File No. T2-01-5289,C9-01-1479)
Mr. Kans represented a defendant that was charged with driving a motor vehicle while having a BAC of .18. At the defendant's license revocation hearing, Mr. Kans argued that her right to consult with an attorney before deciding to whether to take the intoxilyzer test was not vindicated by the police officer. The District Court agreed and rescinded(dismissed) the defendant's license revocation. As a result, Mr. Kans was able to prevent a criminal conviction of DWI.
 
State of Minnesota
Gross Misdemeanor DWI-Case Dismissed Illegal Traffic Stop(Court File No. KX-96-8262)
Mr. Kans represented a defendant that was charged with Gross Misdemeanor DWI after her vehicle was stopped for suspicious driving conduct. Mr. Kans argued that the police officer did not have a sufficient basis to stop defendant's vehicle. The District Court agreed and the criminal charges were dismissed.
 
State of Minnesota
DWI-Defendant's Right to Consult with an Attorney was not vindicated(Court File No. 9715878)
Mr. Kans argued on behalf of his client that her righit to speak with counsel prior to submitting to the intoxilyzer test was not vindicated by the police officer. The District Court agreed and suppressed the results of the intoxilyxer test. As a result, Mr. Kans was able to prevent a criminal conviction for DWI.
 
State of Minnesota
Misdemeanor DWI-Illegal Traffic Stop(Court File No. 476029, 98045355)
Client was charged with driving a motor vehicle with a blood alcohol concentration of .15. Mr. Kans challenged that the traffic stop of her motor vehicle by the police was unlawful. The District Court, at the defendant's license revocation hearing, agreed and rescinded(dismissed) the license revocation. As a result, Mr. Kans was able to prevent a criminal conviction of DWI.
 
State of Minnesota
5th Degree Domestic Assault-Client found Not Guilty (Court File No. 15315)
Mr. Kans represented a defendant that was charged with 5th Degree Domestic Assault against his wife. At trial, the defendant was found not guilty of all charges.
 
State of Minnesota
Driving while under the influence-Intoxilyzer Test Unreliable Due to Post Consumption of Mouthwash. (Court File No. T2-99-6605, C7-99-1464)
Mr. Kans represented a defendant that was charged with DWI. At the defendant's license revocation hearing, Mr. Kans argued that due to the defendant's post consumption of mouthwash, just prior to taking the intoxilyzer test, rendered the intoxilyzer test unreliable. The District Court agreed and rescinded(dismissed) the license revocation. As a result, Mr. Kans was able to prevent a criminal conviction for DWI.
 
State of Minnesota
Gross Misdemeanor DWI-Chewing Tobacco in Mouth(Court File No. K8-00-1420)
In this particular case, the defendant was chewing tobacco prior to submitting to the intoxilyzer. Mr. Kans argued that the police officer did not follow proper procedure to ensure the tobacco was out of defendant's mouth prior to the test and that because of this, the test could not be relied upon. Although the defendant's blood alcohol level was a .23, Mr. Kans was still able to prevent a criminal conviction for DWI.