Case Results
The following cases are examples of successful results achieved by Jay Carey. Because each case is unique and many variables account for a particular result achieved, you should not assume that these results are achieved in every case. Jay is committed to zealous representation, but he cannot guarantee results.
Felony DWI and Test Refusal Charges Dismissed; Driver’s License Revocation Rescinded; and Forfeited Vehicle Returned
State v. W.L., Ramsey County, October 2016
Client was charged with felony DWI and felony Test Refusal based on three prior DWI incidents within 10 years. After being arrested for suspected DWI, client refused to submit blood and urine tests requested by the police. As a result, client’s driving privileges were cancelled for four years and the vehicle involved in the incident was forfeited by the police. On behalf of his client, Jay raised several defenses in the criminal case, challenged the license revocation by filing an Implied Consent Petition, and challenged the vehicle forfeiture in conciliation court. In the criminal case, Jay argued that it was unconstitutional to criminalize the refusal to submit to blood and urine testing because a search warrant is required to administer such tests. While the case was pending over several months, the appellate courts ruled favorably on these issues. Consequently, the prosecutor agreed to dismiss the felony DWI and Test Refusal charges. Subsequent to the criminal case, the county attorney’s office agreed to return the forfeited vehicle to its owner on condition that the owner pay the initial towing fee. Finally, Jay prevailed in the license revocation case, convincing the court to rescind the revocation. In the end, client was exonerated of the DWI charges and civil penalties.
Continuance for Dismissal in Gross Misdemeanor DWI involving School Bus Driver
State v. D.T., Hennepin County, August 2016
Client was charged with gross misdemeanor DWI after testing positive for alcohol as a school bus driver. Pursuant to federal law, client was randomly breath tested after completing bus route. Unlike other commercial drivers, school bus drivers are subject to zero tolerance DWI laws. The presence of any alcohol in the bus driver’s system will support a gross misdemeanor DWI charge. Following the incident, client was suspended from bus driving, pending the outcome of the case. Jay challenged the constitutionality of the suspicionless breath test. In response to Jay’s arguments, the prosecutor agreed to continue the case for dismissal without any admission of wrongdoing on the part of the client. the case will be dismissed entirely if the client remains law-abiding for one year. Based on this agreement, client promptly was reinstated as a bus driver without any loss of seniority. Client did not experience any revocation of driving privileges arising from the incident.
Jury Finds Client Not Guilty of Third Degree DWI and Careless Driving
State v. N.D., Ramsey County, June 2014
Client was charged with Third Degree DWI based on a prior DWI license revocation within 10 years. Client was also charged with Careless Driving. Law enforcement stopped client’s vehicle for alleged speeding. After field sobriety testing, client submitted to a urine test, which resulted in an alleged alcohol concentration of 0.07. Despite being below the per se limit of 0.08, the prosecution and court would not dismiss the charges due to the broad, catch-all offense of “under the influence of alcohol.” After a full trial, the jury returned verdicts of not guilty on both charges, and client was exonerated. Client’s driving privileges and record were not affected by the case.
Fourth Degree DWI Charges Dismissed; Driver’s License Revocation Rescinded
State v. X.H., Anoka County, September 2013
Client was charged with Fourth Degree DWI based on allegedly being in physical control of a motor and having an alcohol concentration of 0.09. After challenging the criminal charges and the civil driver’s license revocation, a district court judge dismissed the criminal case in its entirety, ruling that the police officer lacked probable cause to arrest the client for suspected DWI. In the license revocation case, another district court judge rescinded the license revocation, ruling similarly that the officer lacked probable cause to arrest the client. Thus, the client was exonerated completely of criminal and civil penalties.
Fifth Degree Assault Charges Continued for Dismissal
State v. D.H., Hennepin County, February 2013
Following a thorough investigation of the facts and credibility of the alleged victim, the prosecutor agreed to continue the case for one year and dismiss all charges against the client. As long as the client completes the one-year period without any new assault or related charges, the case will be dismissed. After one year, the client will be entitled to seal the court records via expungement.
Charges of Obstructing Legal Process Dismissed
State v. J.F., Hennepin County, January 2013
After investigating the case, Jay convinced the prosecutor to dismiss all charges against his client prior to trial. In the case, the client was charged with obstructing legal process after he complained to an officer about the officer’s excessive force used when arresting another person for panhandling and open bottle. The officer alleged that the client failed to obey the officer’s orders to keep quiet and leave the scene of the arrest. Client will be able to seal the court records via expungement.
Fourth Degree DWI Charges Reduced to Speeding; Driver’s License Revocation Rescinded
State v. J.P., Hennepin County, October 2012
Client was charged with Fourth Degree DWI after being stopped for speeding and submitting to a urine test with a resulting alcohol concentration of 0.09. Jay challenged the driver’s license revocation and obtained temporary reinstatement of client’s driving privileges, pending resolution of the case. Jay negotiated a plea to the lesser charge of speeding as a misdemeanor in the criminal case. Jay then obtained rescission of client’s driver’s license revocation at the civil implied consent hearing. Client has a clean record with respect to DWI.
Court Continued DWI Case for Two Years to Allow Client to Be Deployed to Afghanistan and Receive Honorable Discharge Prior to Resolving DWI Case
State v. R.A., Hennepin County, August 2012
Client was visiting family in Minnesota prior to being deployed to Afghanistan in the Army. During his visit, he was arrested for DWI based on a urine test with a resulting alcohol concentration of 0.25. Despite the high test result, Jay convinced the court to release the client without bail or bond and to continue the case for over one year to allow client to be deployed to Afghanistan. Upon the client’s return to the U.S., Jay convinced the court to further continue the case for approximately 9 months until the client received honorable discharge from the military, preserving his military benefits. Ultimately, Jay negotiated resolution of the case where the client pled guilty to DWI by mail and did not have to return to court in Minnesota. He paid a $900 fine and was placed on unsupervised probation.
Second Degree DWI Case Dismissed Due to Unconstitutional Traffic Stop; Forfeited Vehicle Returned
State v. J.H., Ramsey County, October 2011
Judge dismissed the criminal case in its entirety, ruling that the traffic stop was unconstitutional because it was not supported by a reasonable suspicion of criminal activity. Client was charged with Second Degree DWI, enhanced by two prior DWI convictions within 10 years. Client faced a mandatory executed sentence of 90 days in jail. Jay challenged the constitutionality of the traffic stop in a contested evidentiary hearing where his client and the arresting officer testified. By emphasizing inconsistencies in the officer’s reports, the judge found the client’s testimony more credible than the officer’s testimony and dismissed the case. The prosecutor declined to appeal the decision. Jay also obtained return of forfeited vehicle.
Third Degree DWI Charges Reduced to Fourth Degree DWI; 30-Day Minimum Sentence Avoided
State v. R.H., Hennepin County, September 2011
Client was charged with Third Degree DWI, enhanced by a prior DWI conviction within 10 years. Client also had a prior DWI conviction outside the 10-year window for enhancement. Police stopped client’s vehicle for alleged erratic driving, and client submitted to an Intoxilyzer test, indicating an alcohol concentration of 0.18. Jay filed a source code challenge to the Intoxilyzer test result and negotiated a reduction to Fourth Degree DWI. The client avoided serving a 30-day minimum sentence and instead served two days of community work service.
Forfeited Chevy Blazer Returned to Client
R.J. v. Chevy Blazer, Ramsey County, August 2011
Client’s son was charged with Second Degree DWI while operating a vehicle owned by the client. Police forfeited the vehicle and would not agree to return it. Jay challenged the forfeiture in court alleging the innocent-owner defense, and the prosecutor agreed to return the vehicle prior to a contested hearing in the matter.
Fourth Degree DWI Charges Reduced to Careless Driving; Driver’s License Revocation Rescinded
State v. D.G., Hennepin County, August 2010
Client was charged with Fourth Degree DWI. Police stopped client’s vehicle for alleged swerving and failure to signal. Client submitted to a urine test, resulting in an alcohol concentration of 0.10. Client was employed as a driver of an international delivery company. Jay challenged the license revocation and obtained temporary reinstatement of client’s driving privileges, pending resolution of the case. Jay negotiated a plea to the lesser charge of Careless Driving, and Jay obtained rescission of client’s license revocation at the civil license revocation hearing. Client experienced only minimal interruption in work-related driving. Client has a clean record with respect to DWI.
Second Degree DWI Charges Reduced to Careless Driving; Driver’s License Revocation Rescinded; Forfeited Vehicle Returned to Client
State v. E.E., Hennepin County, June 2010
Client was charged with Second Degree DWI, enhanced by two prior DWI convictions within the previous 10 years. Police arrested client after a reported domestic disturbance involving alcohol use. Client submitted to a urine test, resulting in an alcohol concentration of 0.13. Police forfeited the vehicle driven by client, which was owned by client’s mother. Jay challenged the vehicle forfeiture, license revocation, and criminal charges. Jay negotiated the return of the forfeited vehicle based on the innocent owner defense. Jay further negotiated a reduction in the criminal charges to Careless Driving and rescission of the civil license revocation. The client avoided
Third Degree Test Refusal Charges Dismissed; Driver’s License Revocation Rescinded
State v. G.A., Washington County, May 2010
Client was charged with Third Degree Test Refusal. Police stopped client after a receiving a report of suspicious activity in a public area. Jay challenged the civil license revocation. Prosecutor agreed to dismiss all criminal charges due to the officer’s failure to clear up client’s justified confusion in refusing to submit to testing. Jay negotiated rescission of the license revocation. Client’s driving privileges were restored and maintains a clean record with respect to this incident.
Fourth Degree DWI Charges Reduced to Careless Driving with BAC of 0.13
State v. D.S., Washington County, May 2010
Client charged with Fourth Degree DWI. Police stopped client’s vehicle for swerving several times over the fog line. Client submitted to a urine test, resulting in an alcohol concentration of 0.13. Client was employed as a correctional officer. Jay negotiated a reduction to Careless Driving and a fine of $300 even though client’s alcohol concentration exceeded the usual threshold of 0.10 for such a reduction.
Forfeited Motorcycle Returned to Client; Second Degree DWI Charges Reduced to Fourth Degree DWI
State v. M.L., Hennepin County, July 2009
Client was driving a motorcycle and collided with an occupied vehicle. No one was hurt. Police charged client with Second Degree DWI, enhanced by the aggravating factors of a prior DWI within 10 years and an alcohol concentration of 0.20 or more. Client submitted to an Intoxilyzer test, resulting in an alcohol concentration of 0.25. Police forfeited client’s Harley-Davidson motorcycle due to Second Degree DWI charges. Jay challenged the forfeiture and license revocation and obtained temporary reinstatement of client’s driving privileges pending resolution of the case. Jay filed a source code challenge to the Intoxilyzer test result and negotiated a reduction in the criminal charges to Fourth Degree DWI. Jay further negotiated the return of the forfeited motorcycle due to the outcome achieved in the criminal case. Client had to pay the original towing fee but no storage fees or other costs. Client served 18 actual days of house arrest. Client’s license revocation challenge is pending due to the ongoing source code litigation.
Third Degree DWI Charges Reduced to Careless Driving
State v. H.L., Hennepin County, May 2009
Client was charged with Third Degree DWI, enhanced by a prior DWI conviction within 10 years. Police stopped client’s vehicle for observed erratic driving. Client submitted to an Intoxilyzer test, resulting in an alcohol concentration of 0.10. Jay challenged the source code to the Intoxilyzer machine and challenged the license revocation and license plate impoundment. Jay obtained temporary reinstatement of client’s license and plates, pending final resolution of the case. Jay negotiated a reduction in the criminal charges to Careless Driving. Client was required to performed two days of community work service, pay a fine of $78, and complete a chemical dependency assessment and follow its recommendations. Client’s license revocation challenge is pending due to the ongoing source code litigation.
Third Degree Test Refusal Charges Reduced to Careless Driving; Client Saved His Job
State v. S.M., Hennepin County, March 2009
Client was charged with Third Degree Test Refusal, Fourth Degree DWI, and No Proof of Insurance. Police stopped client’s vehicle for swerving and traveling too slowly on the interstate. Client submitted to a preliminary breath test, indicating an alcohol concentration of 0.10. Client also mistakenly ingested a muscle relaxant medication prior to driving. Client was physically handicapped and suffered from a traumatic brain injury due to a past accident. Client received Social Security Disability but worked part-time assisting persons who were similarly disabled. Client’s employer of 10 years indicated it would fire him if convicted of Test Refusal or DWI. Client desperately needed to keep his job to meet child support and other family obligations. Jay negotiated a reduction in the charges to Careless Driving, and client saved his job.
