5775 Wayzata Blvd., Ste. 700 Minneapolis, MN 55416
Areas of Practice
DUI / DWI Traffic
Verdicts & Settlements
Criminal Sexual Assault Prison Sentence Avoided
POSTED: 2:12 p.m. CST January 31, 2008
CHASKA, MN - After a hearing to address the ability of the alleged six year old child victim's competency, a plea agreement was reached to avoid any prison sentence. Jose Ramirez was charged with first degree criminal sexual conduct with maximum penalties of up to thirty years in prison and a a presumptive sentence of twelve years. Based on the plea negotiations, Mr. Ramirez was released after serving less than one year in county jail.
Minneapolis Man's DWI dismissed
POSTED: 1:00 p.m. CST January 12, 2008
MINNEAPOLIS- In 2007, Law enforcement officers received a call that a vehicle was driving erratically. Officers responded and stopped the vehicle without observing any driving conduct by the defendant. The reasonable suspicion for the stop was attacked by defense attorney Maury D. Beaulier and after a probable cause hearing on the issue, the stop was deemed invalid and the charges dismissed without a trial.
Man Acquitted of 1st Degree Criminal Sexual Conduct
POSTED: 7:24 p.m. CST November, 2007
JACKSON, MN- After a three day trial Max Sweldon was acquitted of fist degree criminal sexual conduct charges. Max was facing a presumptive sentence of twelve (12) years in prison if convicted.
Max was accused by his wife of sexually assaulting their four year old daughter. the allegations came as the couple was discussing divorce and custody issues. Maury D. Beaulier aggressively challenged the social worker's interview of the minor child and relying on the testimony of an expert witness was able to have it excluded at trial as highly suggestive and incompetent. In a competency hearing, the child was also deemed too unreliable to testify. The state proceeded with physical evidence that was attacked as speculative and indicative of many possible causes. A jury of twelve members acquitted Max Swelton of all charges after only fifty (50) minutes.
Officer Fails to Make Observation Sufficient to Conduct Field Sobriety Tests
POSTED: 9:29 a.m. CST April 24, 2007
BLOOMINGTON- A Bloomington Law enforcement officer stopped a vehicle after it entered interstate 494 when the vehicle failed to signal its lane change and crossed over a lane line. The driver stopped his vehicle immediately on the shoulder and was identified as John Halzinger. While speaking with Mr. Halzinger, the officer detected what he described as "an odor consistent with an alcoholic beverage." Based on that scent, the officer asked Mr. Halzinger to step from the vehicle and perform a variety of field sobriety tests including the walk and turn, one leg stand, and horizontal gaze nystagmus (HGN). Finally, the officer had Mr. Halzinger provide a preliminary breath test (PBT) which registered in excess of .08 and placed him under arrest.
At trial, attorney Maury D. Beaulier cross examined the officer with regard to his reasonable belief that Mr. Halzinger was intoxicated. Mr. Beaulier asked the officer if he understood that alcohol, in its pure form, has no aroma. After conceding that point, the officer also acknowledged that a scent consistent with an alcoholic beverage could be consistent with non-alcoholic beverages as well including near beers, virgin daiquiries and other similar beverages. Mr. Beaulier also noted that the officer failed to include any observations that Mr. Halzinger displayed a lack of dexterity when presenting his license and registration or a lack of balance when exiting his vehicle. Similarly lacking were any observations that the driver had a flushed face, watery or bloodshot eyes or slurred speech.
At the conclusion of the trial, Mr. Beaulier argued that the officer lacked a reasonable, articulable suspicion that Mr. Halzinger was intoxicated and, as a result, did not have the requisite basis to proceed with field sobriety tests or any breath testing. After a deliberation, the court agreed and Mr. Halzinger's license revocation was rescinded and his license reinstated. The criminal case for DWI was similarly dismissed.
Bloomington Man's DWI license revocation rescinded and DWI charges dismissed
POSTED: 9:04 p.m. CST March 17, 2006
BLOOMINGTON- In 2005, Law enforcement officers received a call that a vehicle was parked along a curb in a residential neighborhood and that a man was passed out on the sidewalk area near the vehicle. After responding to the scene, officers found a parked vehicle with its lights on and roused an intoxicated the Mark Haman on the sidewalk who stated repeatedly that he had not been driving and that he had received a ride to the location from a third party. Police contacted the third party who denied driving. Police cited Mr. Haman with DWI and revoked his driving privileges.
In an Implied Consent hearing, Defense Attorney Maury D. Beaulier presented testimony from the reluctant third party. He agreed that he was at a house party with Mr. Haman. He also agreed that he left the party driving Mr. Haman's vehicle, however, Mr. Haman was intoxicated and belligerent. As a result, the driver became aggravated, pulled to the side of the road and called his girlfriend to pick him up.
The driver's girlfriend also testified that she picked the driver up. Neither witness could recall whether the vehicles lights were left on. The driver testified that he lied to police when the called because he was frightened. He, however, denied drinking.
The trial court found the witnesses were not credible and sustained the revocation and the DWI. Attorney Beaulier, believing that the ruling was contrary to the evidence appealed. However, before the appeal could be heard, the Attorney General's Office agreed that the evidence was weak and agreed to rescind the revocation. The DWI criminal charges were also dismissed.