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9/15/2005 - Posted by:
DWICOUNSEL.com
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Failure to Provide Sample in DWI Case Dismissed

Marsha Zelnar was driving home from her office Christmas party when she stopped her vehicle on Black Dog road near alongside the Minnesota river to listen to a song recorded by a friend. Officer Musgrave had his vehicle pulled over on an overpass above Blackdog road where he was speaking with another officer in a second squad car. He claims to have observed Zelnar's vehicle pull off to the side of the road which caused him "grave concern." 20 minutes later, Officer Musgrave's "grave concerns" caused him to investigate.

As officer Musgrave's vehicle was diving down Black Dog road, he passed Marsha Zelnar's vehicle. He immediately pulled the vehicle over and noticing a scent of alcohol performed field sobriety tests before arresting Ms. Zelnar.

Ms. Zelnar was recovering from pneumonia and was unable to provide a breaths sample. EMTs were called to the station but were unable to draw a blood sample. Ms. Zelnar also refused to provide a urine sample and was ultimately charged with DWI-refusal to test.


Attorney Maury Beaulier's cross examination of Officer Musgrave resulted in a dismissal of all charges without a trial.

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Prior to trial, attorney Maury Beaulier challenged the initial stop, the probable cause to charge Ms. Zelnar and he argued that Ms Zelnar's refusal to provide a urine sample was reasonable.

After testifying in both the license revocation hearing and in the criminal proceeding, Officer Musgrave provided conflicting accounts regarding the reason for his stop of Ms. Zelnar. Ultimately the criminal charges were dismissed prior to trial and Ms. Zelnar's driving privileges were reinstated.

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