ARRESTED
DOES NOT MEAN GUILTY

Background

In 2023, J.W. was charged with a DWI in Chisago County after registering a .14 blood alcohol concentration on a DMT breath test. The client, who had been at a party, was unexpectedly called upon to take an elderly guest to the hospital. While J.W. had consumed alcohol earlier, the situation forced him to drive under less-than-ideal circumstances, leaving him charged with a serious DWI offense.

Challenge

J.W. faced substantial legal consequences, including the possibility of a criminal record and penalties associated with a DWI conviction. Although he admitted to drinking before driving, his actions were taken in what he believed was a necessity to assist someone in need. The challenge for attorney Marie Pacyga was to present this necessity defense convincingly enough to persuade the prosecution to reduce the charges.

Defense Strategy

Marie Pacyga understood the gravity of J.W.’s situation and crafted a defense based on necessity—a defense not commonly accepted in DWI cases. She argued that J.W. had not intended to drive under the influence but had done so out of an urgent need to transport an elderly guest to the hospital.

Over the course of numerous court appearances, Marie continued to advocate for her client, recounting the unique circumstances of the case and emphasizing J.W.’s intent to act in the best interest of the guest’s health. Her persistence and dedication to telling J.W.’s story helped sway the prosecutor’s perspective.

Outcome

After multiple appearances and continued negotiation, Marie successfully convinced the prosecutor to reduce the charge from a DWI to careless driving. This result meant that J.W. avoided the penalties and long-term consequences of a DWI conviction and walked away with a lesser charge, which does not carry the same stigma or legal weight in Minnesota.

Conclusion

The outcome in State v. J.W. demonstrates the importance of persistence and creative defense strategies in complex DWI cases. By advocating for the necessity defense and persistently sharing her client’s story, Marie Pacyga was able to secure a reduction in charges, sparing J.W. from a DWI conviction. This case highlights how skilled legal advocacy can lead to positive outcomes even in challenging circumstances.