ARRESTED
DOES NOT MEAN GUILTY

Background

In 2023, Marie Pacyga, a skilled Minnesota DWI defense attorney, represented K.M., who was initially charged with third-degree DWI test refusal. The case was further complicated by the fact that the prosecution waited nearly the entire statute of limitations period before filing charges, creating a sense of unfairness and unnecessary stress for the client, who had to endure the prolonged uncertainty of criminal prosecution.

Challenge

Third-degree DWI test refusal cases in Minnesota carry serious penalties, including the possibility of a criminal record, probation, and other consequences. Convincing the court to reduce such charges, especially after a long delay in prosecution, posed a significant challenge. The key issue in this case was achieving a result that minimized the client’s legal exposure and prevented long-term consequences, such as a criminal record.

Defense Strategy

Marie Pacyga focused on negotiating a favorable outcome for her client. She highlighted the unfair delay in the prosecution’s decision to file charges and emphasized the undue burden this had placed on K.M. Her strategic negotiations aimed to secure an outcome that would not only reduce the severity of the charges but also protect her client from the lasting impact of a criminal record.

Through persistent negotiation and a well-reasoned approach, Marie successfully convinced the prosecution to drop the DWI test refusal charge and instead agree to a petty misdemeanor careless driving charge. In Minnesota, a petty misdemeanor is not considered a criminal offense, meaning K.M. would avoid having a criminal record and would face no probation or other long-term penalties.

Outcome

Marie Pacyga’s negotiation efforts resulted in a highly uncommon and favorable outcome: the original third-degree DWI test refusal charge was reduced to a petty misdemeanor for careless driving. This resolution allowed K.M. to walk away without a criminal record and without probation obligations—a rare and exceptional result in a DWI test refusal case.

Conclusion

The outcome of State v. K.M. illustrates the importance of effective negotiation and strategic defense in DWI cases. Marie Pacyga’s ability to navigate the complexities of the legal system and advocate for her client resulted in an uncommon and favorable resolution, preventing the long-term consequences of a criminal conviction. This case highlights the value of experienced legal representation in achieving just and beneficial results for clients facing serious charges.