Previous Cases

State of Minnesota

Criminal Vehicular Operation/DWI

Mr. Kans prevented an individual from being convicted of Criminal Vehicular Operation and DWI. The defendant was charged with a serious offense: Driving a Motor Vehicle while having a blood alcohol concentration above the legal limit (.08 or more), which resulted to an accident that harmed a passenger.

At the hospital, the police ordered a draw of the defendant’s blood to determine his blood alcohol concentration. Mr. Kans asserted that this drawing of blood was illegal under the circumstances, thus stopping the defendant’s conviction of the two offenses.

State of Minnesota

Gross Misdemeanor Third Degree DWI involving a Controlled Substance

Mr. Kans had an individual’s DWI charges dismissed after the man was charged with Driving While Impaired with Any Amount of Schedule I or II Controlled Substance. The client also got to keep his driver’s license as the resulting license revocation was also dismissed.

State of Minnesota

State of Minnesota vs. JWL, Minnesota Court of Appeals 
Gross Misdemeanor DWI Dismissal/Reversed

In an appeals case, Mr. Kans was able to have the lower court’s decision reversed in favor of the appellant he was representing.

The incident that sparked the case happened when Mr. Kans’ client was in his car in a parking lot, asleep behind the wheel. The police, responding to an anonymous tip about a suspicious vehicle, pulled their squad cars directly behind the client’s car.

In the Court of Appeals, Mr. Kans maintained that a seizure had occurred when the police officers positioned directly behind the client, and thus, the client had constitutional protection at that time. In addition, “articulable reasonable suspicion” did not exist to allow the police officers to seize the client.

The Court of Appeals concurred with Mr. Kans’ argument and reversed the previous court decision for his client.

State of Minnesota

Felony Fifth Degree Controlled Substance Crime – Possession(District Court File No. KX-02-1244)

Mr. Kans had all charges against a defendant dropped after the said defendant was charged with possession of a controlled substance.

The substance was discovered during a routine traffic stop and the police officer subsequently searched the defendant’s vehicle. Mr. Kans argued that his client, the defendant, had a constitutional right against unreasonable searches and seizures, and that the vehicle search had violated this right. The District Court favored this argument, granting the defendant’s motion to suppress the evidence in the vehicle and dismissing all charges due to lack of probable cause.

State of Minnesota

Fleeing a Peace Officer in a Motor Vehicle as a Felony – Case Dismissed (District Court File No. KX-00-766)

Mr. Kans successfully defended a person who allegedly fled a police officer, in a motorcycle travelling well over 100mph. After 15 minutes, the police officer made a traffic stop on the motorcycle.

This stop, Mr. Kans asserted, violated the defendant’s constitutional right against unreasonable seizures and searches. Agreeing with Mr. Kans, the District Court granted the motion to suppress all evidence obtained from the stop and also dismissed the criminal charges due to lack of probable cause.

State of Minnesota

Underage Driving a Motor Vehicle after Consuming Alcohol – Case Dismissed (District Court File No. T4-00-1282)

A person was charged with underage driving of a motor vehicle and driving after having consumed alcohol. Mr. Kans defended him by arguing that the traffic stop of his vehicle violated his right against unreasonable seizures and searches. As a result of this argument, the District Court granted the defendant’s request to suppress all evidence obtained from the traffic stop. The criminal charges were then dismissed for lack of probable cause.

State of Minnesota

Driving While Intoxicated as a Misdemeanor-Case Dismissed (District Court File No. C2-01-13565)

On a weekend night, a Minnesota State Trooper stopped a person’s motor vehicle after observing the tires of the vehicle weave over the solid lane marking of the road. This conduct, along with the time of the night and the fact that it was a weekend, made the Trooper suspect that the defendant was under the influence of alcohol.

Mr. Kans defended the person by saying that this basis wasn’t enough to make a traffic stop as provided by law. Agreeing to this, the District Court cancelled the license revocation, and the prosecutor subsequently dropped the criminal charge of DWI.

State of Minnesota

DUI & Leaving the Scene of an Accident-Case Dismissed-Warrentless Entry(Court File No. 03069307)

Several police officers entered the apartment of an individual and arrested him for drunk driving and failing to stop at an accident scene. This individual was defended by Mr. Kans, who asserted that because the officers entered his client’s apartment without a warrant it violated the defendant’s constitutional right against unreasonable searches and seizures. This argument led to the District Court’s dismissal of the criminal charges.

State of Minnesota

Driving under the Influence of Alcohol- Court found insufficient basis for the PBT and that no Probable Cause existed

Mr. Kans successfully prevented the conviction of a client for DWI after the said client was charged with driving a motor vehicle with an alcohol concentration of .14.

During the implied consent hearing, Mr. Kans maintained that the police did not have enough basis to have the defendant go through the preliminary breath test. He added that the police also did not have enough probable cause to arrest his client for DWI/DUI. The Court agreed to both of these and dismissed the license revocation. Mr. Kans’ client subsequently was not convicted of DWI.

State of Minnesota

Driving under the influence of alcohol and while having a blood alcohol concentration of .18 –   Right to Counsel not vindicated

Mr. Kans prevented the criminal conviction of a defendant after she was charged of DWI. The defendant allegedly drove a motor vehicle while having a BAC of .18.

During the hearing for license revocation, Mr. Kans asserted that the defendant had a right to consult an attorney before she decided whether to take an intoxilyzer test. This right, argued Mr. Kans, was not vindicated by the officer during the incident. The District Court favored this and rescinded (or cancelled) the license revocation for the defendant. The conviction was consequently stopped.

State of Minnesota

Gross Misdemeanor Driving While Intoxicated-Case Dismissed for Illegal Traffic Stop

A person driving a vehicle was stopped due to suspicious driving conduct and was also charged with Gross Misdemeanor DWI.  Mr. Kans argued that there was not sufficient basis for the police officer to stop the vehicle, and because of this, the District Court dismissed the charges.

State of Minnesota

Driving Under Influence of Alcohol-Client’s Right to Consult with an Attorney was not vindicated

Mr. Kans prevented his client’s criminal conviction for DWI by arguing that the client had a right to get legal counsel before having to take an intoxilyzer test and that this right was prevented by the police officer. As a result of this argument, the Court agreed to suppress the results of the test and the client was saved from a conviction.

State of Minnesota

Driving While Intoxicated-Traffic Stop Ruled Illegal

An individual was charged with driving while having a .15 blood alcohol concentration. Mr. Kans defended her by saying that the police traffic stop that led to these charges was unlawful. Agreeing to this, the District Court dismissed the defendant’s license revocation. Mr. Kans consequently prevented a DWI conviction.

State of Minnesota

5th Degree Domestic Assault- Not Guilty

With Mr. Kans’ representation, a defendant was found Not Guilty after he was charged with the 5th Degree Domestic Assault of his wife.

State of Minnesota

Driving while under the influence of Alcohol-Breath Test found unreliable due to post driving consumption of alcohol

Mr. Kans represented a person who was charged with DWI and successfully prevented the criminal conviction. He asserted that the intoxilyzer test taken by the client was unreliable because of the client’s post consumption of mouthwash before the test. With this, the District Court rescinded (cancelled) the defendant’s license revocation and the defendant was not convicted.

State of Minnesota

Gross Misdemeanor DUI-Chewing Tobacco in Mouth

In a DWI case, Mr. Kans represented a client who was chewing tobacco before taking the intoxilyzer test. The client had a blood alcohol level of .23, but Mr. Kans argued that the test was unreliable because the administering police officer did not follow the proper procedure to ensure that there was no tobacco in the defendant’s mouth beforehand. This argument proved successful and the conviction was prevented.

State of Minnesota

Two separate charges of Second Degree Sale of a Controlled Substance

Maximum Penalty: 25 years in prison and/or $500,000 fine
If convicted of either count: presumptive commitment to prison for 48 months

A person was charged with two serious counts of Second Degree Sale of a Controlled Substance. Mr. Kans successfully defended this client with the argument that the police search of the client’s vehicle was illegal. It was, as Mr. Kans asserted, an unreasonable warrantless search and it had no exception to the warrant requirement. As a result of this argument, all charges against the client were dismissed.

State of Minnesota

Obstructing Legal Process/Resisting Arrest

Charges were dismissed for Mr. Kans’ client who was charged with obstruction of legal process. The incident occurred when police arrived at the client’s home following a call of domestic disturbance.