Avery Appelman | St. Louis Park Criminal Lawyer

Jury Acquits Appelman Law Firm Client of Gross Misdemeanor Minnesota BWI State vs. James Thomson BWI Offense – Child Endangerment Avery Appelman represented James Thomson, who was charged with operating a motor boat with passengers under the age of 16 on board while intoxicated. The case went to jury trial, where Mr. Appelman successfully cross-examined the state’s law enforcement witnesses. Mr. Appelman diligently prepared for the case and presented such a persuasive defense that the jury returned a not guilty verdict in 15 minutes. Judge Agrees: Breath Test is Inaccurate and Unreliable Due to Acid Reflux State vs. Dale Cameron DWI Offense An example of cutting edge Minnesota DWI defense. Avery Appelman’s client, Dale Cameron, was charged with a misdemeanor DWI for having a blood alcohol concentration in excess of the legal limit. The client suffers from gastro esophageal reflux (acid reflux) which manifested itself by the perpetual regurgitation of stomach contents into his mouth. Mr. Appelman, employing the use of a forensic toxicologist, successfully argued that the breath test to which Cameron submitted was inaccurate and unreliable. The court ordered Cameron’s driver’s license reinstated and ultimately the state prosecution was resolved with a plea to a petty misdemeanor (non-criminal) speeding charge. Avery Appelman Successfully Convinces Court to Reinstate Client’s Driver’s License State vs. David Dixon DWI Offense David Dixon, one of Avery Appelman’s clients, was charged with a DWI in Dakota County. Avery challenged the validity of the stop of Dixon’s vehicle. A Dakota County judge agreed that Dixon was stopped for no justifiable reason and reinstated his driving privileges. The state ultimately dismissed the criminal case against Dixon. Avery Appelman Convinces Judge that Breath Test is Inaccurate State vs. Ronald Lang DWI Offense Another one of Avery Appelman’s successful DWI representations! Ronald Lang was driving a vehicle when he was struck on two sides by vehicles involved in a deadly collision on the opposite side of the road. Although not in any way involved in the accident, the police forced Lang to submit to a blood test which revealed the presence of cocaine. Avery Appelman successfully pointed out the lack of probable cause necessary to compel a blood test, and the state was forced to dismiss the DWI charges against Lang. DWI Dismissed Due to Avery Appelman’s Persuasive Argument State vs. Emily Marsh DWI Offense Emily Marsh was charged with a DWI, and then Avery Appelman began to represent her. Once involved in the case, Mr. Appelman investigated the facts surrounding Marsh’s encounter with the police and argued that the police could not prove she was actually driving the vehicle. As a direct result of Avery’s arguments, Marsh’s case was dismissed Another Breath Test Found Inaccurate Due to Arguments Presented by Avery Appelman State vs. Jordan Silver DWI Offense Jordan Silver was a Northwest Airline mechanic who worked with chemicals. These chemicals were absorbed into Silver’s body and, as a result, his breath test was contaminated. The court found Silver’s breath test to be inaccurate and unreliable and reinstated Silver’s driver’s license. The state dismissed the criminal charges against Silver. Appelman Client with a BAC > .20 has Driver’s License Reinstated State vs. Abby Bunsen DWI Offense In the early morning hours of a cold wintry day, Abby Bunsen was in her vehicle, engaged in an intimate moment with her significant other. Police approached the vehicle due to a noise complaint. When the officers knocked on the driver’s side window, Bunsen’s boyfriend rolled over to the passenger seat, leaving Bunsen in the driver’s seat. Ultimately Bunsen was arrested for being in physical control of a motor vehicle with a BAC > .20. Avery Appelman represented Bunsen and argued that she never exercised physical control over the motor vehicle. The Judge agreed and reinstated Bunsen’s driving privileges. The criminal case was resolved in a manner that left no permanent record of the incident. G.E.R.D. Defense Proves Successful, Judge Reinstates Client’s License Sarah Culver vs. Commissioner of Public Safety DWI Offense In July of 2009, Sarah Culver was driving home after a long day and was pulled over for speeding. The arresting officer administered a variety of field sobriety tests including a PBT. Culver’s PBT reading was 0.109. Culver suffers from a condition known as Gastro Esophageal Reflux Disease (G.E.R.D.), a medical condition that causes persistent reflux or regurgitation of stomach contents up into the esophagus and into the mouth. Avery Appelman proved that at the time of the breath test, Culver was experiencing a G.E.R.D. episode which contaminated the Intoxilyzer 5000 test and resulted in an elevated blood alcohol concentration level. The Hennepin County District Court Judge presiding over the hearing concluded that Culver’s breath test was inaccurate and unreliable due to the presence of mouth alcohol. As a result, Culver had her driver’s license reinstated. Appelman Law Firm Client’s Case Dismissed Due to Avery Appelman’s Arguments State vs. Jillian West Obstruction of Legal Process Offense Jillian West was a passenger in a car driven by a person with a revoked driver’s license. A police officer observed the car speeding and pursued. When the police officer finally located the vehicle, it was parked in a driveway, with the ignition off, and West sitting in the front passenger seat. The officer approached and demanded that West speak with him. West was on the phone with a friend who was able to overhear West’s entire conversation with the officer. West refused to disconnect the phone call and refused to identify the driver of the vehicle. The officer became frustrated and ultimately pulled West from the vehicle and arrested her for Obstruction of Legal Process with Force, claiming that West stood up, presented a defiant stance, and refused the officer’s commands. Avery Appelman was retained to represent West the morning of her arrest. He was able to secure her immediate release on bail that Sunday morning, and he immediately went to work. Using the statement he obtained from West’s friend who overheard her conversation with the police, Mr. Appelman was able to convince the prosecution that the officer was embellishing his story (i.e. lying) and the prosecutor dismissed the case.