Small Claims Court

DUI Dismissal – clavis est ad intellectum

November 21, 2017

On November 21, 2017, we were up bright and early for what we believed would be a long protracted trial in a rural area Municipal Court.  This case involved the interpretations of what appeared to be indicators of impairment, but actually were medically related.

Michael S. Mogenson was lead counsel on this case.  There was significant discovery on the matter, including nearly 4 hours of video and numerous medical records that we produced on behalf of our client.  When we appeared for trial, we were pleased that both the prosecutor and the officer involved wanted to thoroughly examine our documents and gain a better understanding of the situation. It was through that cooperation, working with law enforcement, that we were able to explain and demonstrate how the misconception of our client’s actions on the night in question were medically related and not due to any intoxication.  We appreciate the professionalism, particularly of the officer, who wanted to learn how he could better serve his community.  He wanted to learn the nuances of the medical issues so he would be able to better differentiate them from clues of intoxication in the future.  At the close of the meeting the parties all agreed the DUI should be dismissed and the Court agreed.

This case should give us all hope.  If people are willing to set aside preconceived misconceptions about the actions of a person and they are willing to take the time and effort to gain a true understanding of the situation, anything is possible.

We hope you have a blessed day.