Success Stories
Earlier this month Keller Law Offices won a big victory for the mentally impaired and disabled in Ramsey County. Max Keller represented a young man of 22 years old who has Tourette’s syndrome, Asperger’s syndrome, ADHD, and alcohol and marijuana dependency issues. Max’s client was extradited from Georgia to face adult felony probation violation charges based on leaving the state, failure to report change of employment, and failure to report change of residence. The back story is that our client was forced to leave the state to avoid chemical dependency and to avoid being homeless. The probation department and the prosecutor wanted a sentence of 120 days for this poor disabled young man who was trying to turn his life around and who had been doing very well at his job in Georgia. Max Keller engineered a successful resolution to this probation violation case by putting together an army of evidence about the client’s medical conditions, psychological evaluations over the past few years, etc. and convinced the Ramsey County judge to sentence the client to time served, which was about 20 days, rather than the punitive sentence of 120 days sought by the probation department. The client and his parents were extremely happy. (62-K1-07-1259)
On Tuesday September 22 I went to court in Wright County and actually found some justice. My client had been convicted of two crimes as a juvenile, 3rd degree burglary and terroristic threats, that actually happened on 2 consecutive days when he was 17. Both cases were felonies. He only stole a few packs of cigarettes in the burglary and the “terroristic threats” was his friend’s calling in a bomb threat to their high school without his knowledge. The client was expelled from high school as a result of these 2 incidents. When he came to us, the client had successfully graduated from high school and turned his life around by joining the Marines. He served 4 years in the Marines, was stationed overseas, successfully completed many specialized training classes, had a “secret” clearance, and was honorably discharged. Unfortunately, upon his return to the States from active duty, my client found it hard to find good employment because of his juvenile convictions that happened when he was 17. Even though these “juvenile” “adjudications” are supposed to be confidential and not public, they show up on background checks and prevented my client from getting the good job he was otherwise qualified for because of his military service. When he came to us, we filed a lengthy Expungement Petition on his behalf as well as an Affidavit by the veteran explaining how he had rehabilitated himself through exemplary military service putting his life on the line to protect our freedoms. On September 22, we went to court in Wright County and convinced the judge to grant my client an Expungement of his Juvenile convictions or “adjuduications,” thereby clearing the way for him to get a job with a security contractor paying up to $120,000 per year. (86-JX-02-50475)
Our client’s position looked hopeless. He had been represented in the trial court by another top notch Minneapolis area criminal defense attorney, but the Judge wrongly denied his Request to access the Source Code for the Intoxylizer in his driver’s license implied consent case. And the client only tested an alleged .09! But, if he lost this case, he faced cancellation of his driver’s license for at least one year and the onerous requirement for Reinstatement after Cancellation-IPS. We took on this case at the appellate level and filed a Notice of Appeal, a Statement of the Case, and an Appellate Brief for the client. Because of my experience as a former Court of Appeals clerk and former Assistant Attorney General, we won the appeal. We short circuited the process, convinced the Attorney General’s office to not file a responsive brief to answer our arguments, and we dismissed the appeal when the original trial judge promised to vacate his earlier order and issue a New Order giving my client access to the Intoxilyzer Source Code, which the Judge promptly did. Thus, our client now has the path open to analyzer the source code and is still challenging his implied consent driver’s license revocation in the trial court. (13-CV-08-667 and A09-762)
Our client was a Veterinarian from New York. During her training here, she made the mistake of drinking and driving, and causing an accident–rear ending another vehicle at high speed, injuring the other driver, and testing a .24. Another attorney represented her while the prosecutor debated what to charge the driver with. Over a year after the incident, as the case dragged on, the driver fired the first attorney and turned to us for help. While waiting to be charged, her driver’s license was revoked for 6 months. She was finally charged, about a year after the motor vehicle accident, with gross misdemeanor DWI and gross misdemeanor Criminal Vehicular Operation. She had been living in Minnesota at time of the offense completing her education, but had since moved to New York, having taken a job there. Since she was an out of state resident, she wanted to minimize the number of trips she would have to make to Minnesota for court, as she would have to pay to fly here each time, and would have to take time off from work. Because she lived out of state, the prosecutor had sent her case straight to Warrant status, so the Client had an outstanding arrest warrant on top of her other problems. We arranged for her to fly into Minnesota and turn herself in at a convenient date, and resolved the case in one court appearance. The client wanted at least 30 days to turn herself in to beginning serving her jail sentence. Usually judges will only give defendants 2 weeks to turn themselves in. Our client needed more time in order to arrange things at work so she would not be fired. We convinced the prosecutor and judge to allow our Client 60 days to turn herself in, thereby giving her the chance to save her job as a highly paid veterinarian. I got the judge to give the client four times the normal amount of time to turn herself in. The client and her father were very pleased. (File # 62-CR-09-3291)
My client in a Hennepin County case was accused of three violations of a Domestic Violence Order for Protection (OFP). All had happened in the space of 2 1/2 months, including the first incident when he was in the hospital for mental illness evaluation. He had a good job as a diesel mechanic, held a CDL (commercial driver’s license) and drove a bus, and had no prior criminal convictions. Unfortunately, he violated the OFP 3 times because he was depressed and obsessed with his estranged wife who had obtained the OFP. He also had chemical dependency issues involving alcohol & marijuana. As a result of the third alleged violation, my client was arrested and held in custody for 8 days. At the next court appearance, I was able to convince the judge, who originally wanted to sentence my client to 20 days, to give the young man time served of 8 days due to his mental illness and no prior criminal record, and the need to attend to a large number of medical appointments. At the end of the day on September 28, 2009, my client was released from Jail to go to his medical app0intments and he and his parents were very happy. (27-CR-09-40051)
My client in Anoka County was accused of a domestic assault. This ordinarily would have been a misdemeanor (maximum of 90 days jail) since it was his first assault charge ever. Unfortunately for him, he had several prior convictions for violating Orders for Protection due to disputes with his in-laws. As a result, what should have been a misdemeanor assault charge was aggravated to a felony. Therefore my client faced a possible felony conviction preventing him from working, etc., as well as a trip to prison for more than one year. Before the day of the trial, the last plea offer from the State was that my client could serve up to 120 days in Jail. On the day of trial earlier this week, I convinced the prosecutor to dismiss the felony charge, and my client plead guilty to a misdemeanor. Instead of the 120 days of Jail the prosecutor had been seeking, my client was sentenced to time served, which was 5 days. (02-CR-09-1841)
Keller Law Offices was pleased to represent a 13 year old young man recently in Ramsey County. He faced possibly being charged with a first degree criminal sexual conduct charge, which would have been a felony: resulting in a ban on his possessing firearms AND worse, lifetime registration as a sex offender. Max Keller was able to engineer a settlement with the prosecutor whereby his young client admitted to a gross misdemeanor 5th degree criminal sexual conduct (CSC) charge rather than a First Degree CSC felony. As a result, Max’s client served no additional jail time, did not have to register as a sex offender, and did not face a ban on possessing firearms as an adult. The client and his parents were very happy. (62-JV-09-2738)
In a Hennepin County case heard at the Brookdale courthouse last week, Max Keller of Keller Law Offices convinced the prosecutor to dismiss all DWI charges against his client. Our client was arrested in New Hope and charged with a first-time DWI based on a urine test of .12. Because Urine tests for DWI , as administered in Minnesota, are known to be unreliable, Mr. Keller persuaded the prosecutor that his client’s .12 test result was not accurate. We presented a stack of evidence to show how unreliable urine tests for DWI are without a first void of the bladder, including recent orders by Judge Thuet and Judge Carter, both from DWI urine test cases in Dakota County. Accordingly, all DWI charges against the client were dropped. The client was very surprised and very happy. (27-CR-09-43081)
Earlier this month, Keller Law Offices secured the dismissal of a traffic ticket in Minneapolis on the day of trial. Attorney Max Keller demanded all the police reports and tapes and the presence of the police officer at trial. Even though he was a law-abiding bus driver, our client was falsely accused of an traffic offense due to slippery, snowy conditions. The ticket was clearly unjust since the alleged violation was caused by the snow and not by any negligence on our client’s part. Max Keller was able to obtain a CWOP or continuance without plea (similar to a continuance for dismissal or CFD) meaning that Max’s client got no conviction on his record. Because he holds a Commercial Driver’s License or CDL, This favorable outcome was very important to our client, as he did not want to get a conviction in order to avoid harm to his CDL. Needless to say, the client was very please with the outcome. (27-CR-09-12039)
Max Keller’s client was charged in Wright County with felony First Degree Criminal Sexual Conduct for statutory rape. This allegation, if convicted, carries a guidelines sentence of 144 months (12 years). Mr. Keller successfully argued that the Complaint against his client was too vague, especially since, for most of the time period in the Complaint, the Complainant was not young enough to make the act illegal as charged. After a hearing was held, Max submitted a brief in support of the Motion to Dismiss the charge carrying a a 12 year sentence. The trial judge agree and dismissed the charge. (File # 86-CR-08-7046)
Max Keller’s client was employed for several years, in a good job with several children to support. Because of two old theft convictions suddenly revealed by a background check, his employer suddenly let him go even though he had accumulated years of good service and promotions. Officially, the client was just “suspended” pending his attempt to expunge or wipe out the convictions. After writing a detailed affidavit for our client showing his military service and how he had rehabilitated himself, and filing an Expungement Petition to which the Affidavit was attached, a hearing was held. Earlier this fall, Max Keller convinced the judge at the hearing to expunge of both of the client’s theft convictions, thereby allowing our client to get back to work and once again support his family and pay his bills.
In a case heard in Ramsey County last week, Keller Law Offices secured another victory for one of our clients. The driver had committed a fourth lifetime DWI. He was charged with second degree DWI/test refusal. Attorney Max Keller, however, was able to secure a sentence of no further jail time for his client. In addition, the client got his vehicle back even though it was subject to DWI vehicle forfeiture. The client, who is eligible for a work permit if he signs up for Ignition interlock , was very pleased with the outcome. (Case # 62-CR-09-15598)
Attorney Max Keller of Keller Law Offices achieved another victory in Scott County on Monday January 11, 2010. Mr. Keller’s client faced a felony conviction and Jail time or imprisonment based on an allegation that he had violated probation by allegedly testing positive for meth. Mr. Keller and his client insisted that, because the the result was a false positive test result based on the client’s taking Xantac for acid reflux disorder, the client should received no punishment and the probation violation should be dismissed. Mr. Keller and his client appeared in court in October for the first appearance, denied the probation violation, and set a contested hearing probation violation on January 11, 2010. Mr. Keller hired an expert foresnic scientist on behalf of his client to provide expert testimony to show that the client did NOT violate probation and the “positive” test result was caused by ingesting Xantac, a legal over-the-counter medication used by people with acid reflux. On the day of the contested hearing, the probation department gave up, cancelled the probation violation, and terminated the client’s probation, leaving him with no felony probation and no additional punishment. (Case # 70-CR-07-752)
In a 2010 Hennepin County case, Max Keller’s client faced the prosecutor’s wrath because the client had crashed her car into a bystander’s house. The client was still intoxicated at 11:30 a.m. from drinking the night before. Max Keller was able to talk the prosecutor off the ledge and get the sentence reduced from 5 days to 0 days. Max also got the Hennepin County 1-Day program waived because the client was no longer living in Minnesota. The client was very happy. (File # 27-CR-10-3479)
In a 2009 adult Probation Violation case in Ramsey County, Max’s client had committed no new violations of the law, but was forced to take a new job out of state in order to avoid becoming homeless, thereby violating his “don’t leave the state” probation restriction. The client was a young man who suffered from ADHD, Tourette’s syndrome, Asperger’s, and chemical dependency issues of alcohol and Marijuana. In spite of all these mental health issues that our client had, the Probation Dept. wanted 120 days as a punishment. Max convinced the judge to sentence the client to time served, which was 23 days, rather than the 120 days the Prosecutor wanted.
In a 2008 Cass County case resolved in June, 2009, Max and his client were prepared to face two trials with two different juries, one on a charge of Driving Under the Influence (no test result) and one for Test Refusal (the client blew into the Intoxilzyer 4 times, but the machine would not accept his samples). After numerous pre-trial hearings and several Motions to attempt to obtain the Source Code or software the runs the Intoxilyer, the case was resolved favorably on the morning of trial. Max Keller’s client got a stay of adjudication, meaning no conviction, in spite of the fact that the client had 2 prior DWI’s including one less than a year before the current offense (which also resulted in a probation violation), and a partial reading of .16 or twice the legal limit on the Intoxilyzer, and a .24 reading from a Preliminary Breath Test (PBT). (11-CR-08-1279)
In 2009 Hennepin County case Max got a 1st time DWI at a .14 alcohol concentration reduced to careless driving offense, due to his client’s service overseas in the military, so the DWI charge was dismissed! (File #27-CR-08-54056)
In a 2009 Ramsey County case, Max’s client was charged with a gross misdemeanor 2nd degree DWI for blowing .20 or more. Because of his one prior DWI, the client’s car was forfeitted. Max got the charge reduced to a 3rd degree DWI and the higher 2nd degree DWI was dismissed. As a result, the client got his car returned to him at no charge. (File #’s 62-CR-09-2574 & 62-CV-09-1990)
In a 2008 Scott County case, Max’s client was charged with a 3rd time DWI and it was her 2nd offense within 10 years. Max sucessfully engineered a Stay of Adjudication in her case, so that she had NO Conviction for DWI and NO revocation of her DL. (70-CR-07-30023)
In a 2008 Hennepin County case, Max Keller represented a driver charged with a DWI based on a .12 breath test. Max was able to get the DWI dismissed and the implied consent revocation was rescinded or thrown off his client’s record, leaving no traces of the DWI. (27-CR-08-5223 & 27-CV-08-3119)
In a 2007 Itasca County case resolved in 2008, Max’s client was charged with his 6th DWI and tested .20, making it a more serious offense, and the owner of the car (the client’s girlfriend) had it forfeitted. Max won the dismissal of all DWI charges based on the State’s inability to produce the Intoxilyzer Source Code or software, the client served no time in Jail in spite of driving on a cancelled license and being cancelled as Inimical to Public Safety, and the vehicle was returned to the owner at no charge. (31-C0-07-5542 and 31-CR-07-4271)
In 2008 Scott County Drug Possession and vehicle forfteiture cases, Max secured a sentence of no jail for his client, in spite of the fact that the client had multiple prior felony convictions for drug possession. In the companion vehicle forfeiture case, the prosecutor from the County Attorney’s Office demanded $6000 to return the vehicle to the defendant’s wife, who was a co-owner of the vehicle along with client. Ultimately, Max convinced the prosecutor to return the vehicle to his client’s wife with the client and wife paying nothing! (70-CR-08-3237 and 70-CV-08-6095)
In an 2007 Anoka County case, a client was charged with his second DWI in three years. Max won his client’s implied consent Driver’s License revocation case because, among other things, the police read the wrong form to his client. The result was that his client got his driver’s license back, his license plates back, and all DWI charges were dismissed in the criminal case. (K3-07-159)
In a 2007 Martin County case, Max won his argument to throw out the test result of this client charged with his third DWI. Max convinced the judge that his client’s pre-test right to counsel was violated, leaving to the vehicle forfiture being cancelled and the vehicle returned to the owner, and a gross misdemeanor 2nd degree DWI with a mandatory minimum jail sentence of 90 days was dismissed. In addition, a different judge ruled against Max’s client on the same facts in the license revocation Implied Consent hearing where Max was contesting a one-year revocation of his client’s driver’s license, as well as the cancellation of his license as Inimical to Public Safety. When Max appealed the adverse ruling on the driver’s license case, he won and his client’s license was restored. (File #’s 46-CR-07-988, 46-CV-07-1223, 46-CV-07-1189 AND Appeal # A08-578)
In a Sherburne County case in 2007, Max got his client’s DWI dimissed in favor of a plea to a reduced charge of careless driving; Max then went on to win the implied consent driver’s license revocation hearing, meaning that his client had no revocatio of his driver’s license and no conviction for DWI. (71-CR-07-1576)
In a Washington County case, Max represented a driver charged with second degree DWI Refusal (refusal with one prior in 10 years), who also had his vehicle forfeited as a result. On the day of trial, Max arranged a very favorable deal for his client whereby the Driver got a Stay of Adjudication (meaning no conviction) and his vehicle was returned to him. (KX-06-5607)
In a Hennepin County case, Max’s client was charged with DWI and a felony (felon in possession of a firearm) carrying a mandatory minimum sentence of Five Years (60 months). The prosecutor wanted the 60 month sentence. The Judge said she would sentence the client to 36 months. Max successfully engineered a sentence of time served, which was about 45 days, rather than the mandatory minimum of 5 years. (2006-0089)
Max’s client faced a 5th lifetime DWI in a Ramsey County Case. Max sucessfully engineered a sentence of no jail time in favor of electronic home monitory (a.ka. house arrest) with work release. (K8-04-2541)
In a Martin County case, Max won a jury trial acquittal where his client was charged with Driving Under the Influence of Marijuana, even though Marijuana was found in the vehicle and in his bloodstream, because there was no evidence that the client smoked marijuana on the day the police stopped him. (K9-03-77)
In a Jackson County case, Max got his client’s Underage Drinking and Driving charge dismissed when Max convinced the Judge to throw out or “suppress” his client’s statement that the client had driven to school, because the school police failed to advise the student/client of his Miranda right to remain silent. After the client’s statement was tossed out, there was no evidence indicating that the client drove to school that day; therefore the Underage Drinking & Driving charge had to be dismissed. (T2-04-223)
In a Faribault County case where his client was charged with Driving Under the Influence of Meth., Max got all the DWI charges dismissed when the Judge agreed with Max’s arguments that the police lacked probable cause to demand a blood test from his client. (T0-02-2516)
Every court case is highly fact-dependent, so the results of the Success Stories above are not necessarily predictive of the outcome of your case. The outcome of each case depends on a variety of factors, some of which are largely out of our control, such as the judge and prosecutor assigned to your case, whether they are having a good or bad day, and how busy the calendar is. Past success is not a guarantee of future results.
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Only a professional and highly skilled DWI defense lawyer can make sure your case is properly addressed and handled efficiently. Our DWI attorneys will thoroughly investigate the circumstances of your arrest, the arresting officer, interview any important eye witnesses, handle all court appearances and documents, and guide you through the criminal justice system to your freedom and peace of mind. If you have questions regarding your DWI charges, potential penalties and risks, or strategies for defending your rights, call our law office at 952-913-1421 or use our online contact form. You have rights – we protect them.
Our Minneapolis DWI defense lawyers represent clients charged in criminal matters throughout the Twin Cities Metro Area and throughout the entire state of Minnesota including such counties as Hennepin County, Ramsey County, Scott County, Dakota County, Washington Counrt, and Sherburne County. We also represent clients throughout Anoka, Andover, Apple Valley, Blaine, Bloomington, Burnsville, Champlin, Chaska, Coon Rapids, Eagan, Edina, Eden Prairie, Lino Lakes, Lakeville, Maple Grove, Maplewood, Minnetonka, Minneapolis, Plymouth, Richfield, Robbinsdale, Roseville, Woodbury and White Bear Lake.
