We are pleased to announce we won a DUI trial in December of last year. Our client was charged with Driving Under The Influence. His breath sample was .12. Richard Hechter had the jury totally acquit our client. They found our client NOT guilty of Driving while impaired. The key turning point was when the Minneapolis prosecutor asked the Sheriff’s deputy to demonstrate the horizontal nystagmus test (eye test to follow a pen or light to look for “jerking” of the eyeball). If the eyeballs jerk or wobble, it’s apparently a sign of intoxication. Well, to my delight, the Sheriff’s deputy performed the test on the prosecutor and told the jury the prosecutor had signs of this “nystagmus” in both of his eyes which equated to “two” clues of intoxication. I spent the whole trial telling the jury that the prosecutor is not intoxicated and the sheriff is like “Barney Fife” – a little too gung ho and seeing crimes where none exist. In the end, a NOT guilty verdict on the DWI charge.
Over the last year my office was fighting a case involving the Co-habitation statute in Minnesota. The law essentially provides that if you cohabitate without the benefit of marriage and the relationship ends, you typically can’t sue your ex-lover for reimbursement of all of the things, bills, expenses and mortgage payments you made – UNLESS you have a loan agreement or cohabitation agreement. My case involved a very ugly break-up of two gay lovers. My client was sued for equity in her home, reimbursement for all of the improvements paid toward the home and reimbursement for lots of furniture and expenses purchased over a 10 year period. The couple were NEVER married and did NOT have any cohabitation or loan agreement. After months of battling, we successfully had the lawsuit against our client dismissed and NO loss of any equity in her home! Lesson: If you live with your lover, you best have a cohabitation agreement so if the relationship fails, you have a contract as to who gets what and who gets reimbursed for what IF the relationship ends and there is no marriage.
Our personal injury department has had much success. Lisa Lindsteadt continues to settle cases for well above the national average. Rock on Lisa.
One of our prenuptial agreements was attacked by three attorneys. They all lost. Our prenup held up and our client lost NONE of his assets in a 10 year marriage. Prenuptial agreements are a must. Call us for more info. The best gift you, as a parent, can give your engaged children is a trip to the lawyer for Wills, Powers of Attorney, Living Wills and a prenuptial agreement.
For legal help, call Richard (Rich) Hechter or Lisa Lindsteadt and Angee at 952-920-0840. Helping Minnesota since 1988.
Richard W. Hechter Attorney St. Louis Park, Minneapolis, MN 55416