D.K.S. v. Commissioner of Public Safety
We don’t win all of our cases at the trial court level. Sometimes when we feel a judge made a mistake in a ruling we appeal a case to the Minnesota Court of Appeals, the Minnesota Supreme Court, or – occasionally – even to the United States Supreme Court.
In this instance one of our trusted colleagues represented our client in the Wabasha District Court challenging the revocation of his driver’s license for having an alcohol concentration over 0.08. He was also charged with the crime of driving while impaired (DWI).
Although the attorney did a magnificent job demonstrating that the police erred by stopping our client’s vehicle in violation of the Constitution’s Fourth Amendment right against unreasonable searches and seizures, the judge disagreed and upheld the license revocation. The attorney brought us on board to appeal the matter.
Today the court of appeals issued its order. We won!
Our client will now have the revocation removed from his driving record and his license will be reinstated. He will also preserve his military career!