Urine Test Thrown Out in Case Handled by Ramsay Law Firm, PLLC

Daniel J. Koewler, a Minneapolis DWI defense attorney at Ramsay Law Firm, PLLC, was recently successful in disproving the validity of a urine test during an Implied Consent hearing. His client's driving privileges were subsequently reinstated.
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Roseville, MN (prHWY.com) December 28, 2012 - In the state of Minnesota, a law enforcement officer can choose to revoke an individual's driver's license if they have reason to believe that the person has been driving while intoxicated. In order to do so, they must simply fill out a "Notice and Order of Revocation" form, send it to the Department of Public Safety and issue a copy to the driver. Once the form has been received by the Department of Public Safety, the revocation will immediately be put into effect with no questions asked--as it is assumed that the law enforcement officer had a legitimate reason to suspend the individual's driving privileges. If the driver believes that they have valid grounds to contest the revocation, however, they are afforded the opportunity to schedule an Implied Consent hearing. They must do so within 30 days of their arrest by submitting a formal written request.

When Attorney Daniel J. Koewler was hired by a man in November of 2012, he was asked to do just that. His client had previously been arrested in Minnesota and charged with Driving While Intoxicated, which subsequently resulted in the loss of his driving privileges. Within the 30-day time limitations, Mr. Koewler assisted the client in submitting a formal request for an Implied Consent hearing. He believed that his client had a legitimate reason to fight the revocation, as he had discovered a major inconsistency when examining the evidence that had been collected by the arresting officer in the case. Mr. Koewler's client had been asked to submit a urine sample so that his alcohol concentration could be determined upon further analysis. Once the sample was sent to Medtox Laboratories Inc., it was found that the alcohol concentration was .242 g/dl.

When examining the report that describes the chain of custody of the sample, however--which is documented from its original handling through testing--Attorney Koewler noticed some discrepancies. The initials that were listed on the chain of custody report did not seem to match up with the same person who had claimed to analyze the sample. Because of this, it could not be definitively determined who had actually handled, analyzed and/or examined his client's urine sample. According to Minnesota Statute §634.15 (a)(1), documents of chemical testing may only be admissible in an Implied Consent hearing if it is "a report of facts and results of any laboratory analysis or examination if it is prepared and attested by the person performing the laboratory analysis or examination."

For this reason, Attorney Daniel Koewler argued that the court did not have a valid reason to uphold the revocation. Without a legitimate means of determining who had, in fact, analyzed the urine sample that was being used as evidence against his client, the court could not fairly move forward with the revocation. As such, the man's driving privileges were reinstated on November 21, 2012 and the alcohol-related revocation was removed from his driving record. Although this hearing is separate from the criminal proceedings that his client must still face, it remains that the prosecution's case will be weakened without sufficient chemical evidence. For this reason, Mr. Koewler is pleased that he decided to pursue an Implied Consent hearing on behalf of his client.

If you have recently been arrested in Minneapolis or St. Paul for driving while intoxicated (DWI), as well, you should not hesitate to find out how Ramsay Law Firm, PLLC can assist you. Visit their official website at http://www.minneapolisdwidefenselawyer.com or contact their office at (888) 266-4940 to learn more.


Tag Words: minneapolis dwi attorney, minneapolis dwi lawyer
Categories: Law

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