MN FLAT FEE M15

State of Minnesota v. Travis O. Wenzloff

Criminal DWI · State of Minnesota

Fact gathering Diagnose and plan solutions for legal problems Procedural law Counseling Negotiation Sensitivity to professional and ethical concerns

Introduction

You are an associate at Ellingboe & Ravndal LLP, and your client is Travis Wenzloff, a forty-three-year-old commercial HVAC technician charged in the Minnesota District Court for Sherburne County with Third-Degree Driving While Impaired. Travis holds a Class A commercial driver's license and drives a service truck to job sites every day, so his livelihood rides entirely on that credential. On a subzero January night, after a fourteen-hour double shift and a stop for beers on the way home, he was pulled over on Highway 10 following a citizen's report of a weaving vehicle. A deputy ran field sobriety tests on an ice-packed shoulder in extreme cold, and an evidentiary breath test at the jail reported an alcohol concentration of 0.09 — just over the per-se line. Travis tells you he was exhausted and distracted, not drunk, and that a prescription cough syrup and a mouthwash he used before driving may have skewed the reading. A prior impaired-driving incident several years back has pushed the stakes higher and threatens his commercial license for good. This exercise puts you in the first client interview and the strategic work that follows. Your job is to gather the facts — including the ones Travis is ashamed to volunteer — spot the issues in the stop, the field tests, and the breath sample, counsel a frightened client whose career is on the line, and build a plan that treats the license as the real prize. Everything you need is in the case file; the law is yours to research.

Learning Objectives

By completing this exercise you will practice and be assessed on a defined set of lawyering skills and tasks. First, fact gathering (SK-LP-07 / TSK-022, TSK-023, TSK-025): conduct a client interview that builds a reliable timeline of the shift, the drinking, the stop, the field tests, and the breath test, and that earns the sensitive facts — the fatigue-and-phone distraction behind the weaving, the mouthwash used to mask the smell of beer, an uncounted third drink, and a prior offense the client cannot bring himself to raise — which surface only when the client trusts you. Second, diagnosis and issue-spotting (SK-LP-01 / TSK-001, TSK-004): identify the legal vulnerabilities in the reasonable-suspicion basis for the stop, in field sobriety tests run in extreme cold on ice, and in a 0.09 breath reading exposed to mouth-alcohol and margin-of-error challenges. Third, procedural framework (SK-LP-04): track the two parallel proceedings — the criminal charge and the civil implied-consent license revocation — and their separate clocks. Fourth, counseling a distressed client (SK-LP-10 / TSK-034, TSK-037): address Travis's fear for his CDL and his family's income, explain what happens next, and set expectations without over-promising. Fifth, negotiation strategy (SK-LP-13 / TSK-044, TSK-045): prepare a plea-and-negotiation plan that protects the commercial license. Sixth, professional responsibility (SK-LP-16 / TSK-060): observe the no-contact rule with the represented arresting deputy and stay within the scope of the flat-fee engagement. These objectives map directly to the grading rubric for the matter.

Activities

This matter unfolds across several graded and rehearsal activities that mirror the Practicum's DWI arc. (1) Preliminary case analysis. Read the full case file and produce a short case-analysis memorandum identifying the charge and its degree, the elements the State must prove, the parallel implied-consent proceeding, and the defense's best factual and legal openings. (2) Client interview. Conduct a recorded interview with Travis Wenzloff through the simulated-client engine. Open with rapport and confidentiality, funnel from open-ended narrative to targeted probing, and reach the practical fear — his commercial license — that is driving him. Several facts will not come out unless you earn them. (3) Strategy and negotiation plan. Draft a strategic settlement-and-negotiation plan (SSNP) that weighs suppression against a negotiated resolution and keeps the CDL consequence at the center. (4) Plea negotiation. Conduct a simulated negotiation with the prosecution toward a resolution that protects the commercial license. (5) Contested omnibus and implied-consent preparation. Outline the suppression arguments you would raise at the omnibus hearing and the issues you would press at the implied-consent review. Rehearsal runs are unlimited; the graded events are the interview, the written work, and the negotiation.

Instructions

Work only from the materials in this packet and the case file; the substantive law is yours to find and apply through your own research. Submit three written work products on the posted schedule: (a) a four-page preliminary case-analysis memorandum; (b) a strategic settlement-and-negotiation plan; and (c) a one-page client-advice letter summarizing Travis's options and the immediate steps on both his regular and his commercial driving privileges. For the client interview, you must complete at least one recorded run through the simulated-client engine before the graded interview; your rapport and questioning technique are scored on how much of the reliable record you elicit and how you handle a client who is frightened for his livelihood. For the negotiation, prepare a written position and target before the session. Professional-responsibility instruction: do not attempt to interview Deputy Kallestad directly — he is a witness for the State and is represented through the county attorney's office; any request for his account goes through the prosecutor. Cite no legal authority in client-facing documents; save citations for internal analysis. Observe every deadline; the implied-consent review in particular runs on a short statutory clock, and late written work is penalized under the course rules. All oral events require professional attire.

Case File

The case file contains 13 documents — witness statements and exhibits. Work only from these materials and from what you develop in your interviews.

CASE-FILE DOCUMENT · INCIDENT REPORT KALLESTAD

SHERBURNE COUNTY SHERIFF'S OFFICE — INCIDENT AND ARREST REPORT

Exhibit m15.exh.001

Case No.: SCSO-2025-004417
Reporting Deputy: Deputy Reid Kallestad, Badge 214
Date/Time of Stop: Friday, January 17, 2025, 22:58
Location: Eastbound Highway 10 near the county line, Sherburne County
Subject: WENZLOFF, Travis O., DOB redacted (age 43)
Charge: Third-Degree Driving While Impaired; separate implied-consent revocation

Narrative

On the above date at approximately 22:52 hours I received a dispatch advising of a citizen report of a dark full-size pickup weaving eastbound on Highway 10. The reporting party gave approximate mile markers. I positioned on Highway 10 and located a dark pickup matching the description traveling eastbound. I fell in behind the vehicle and followed it for approximately one and one-half miles. During that time I observed the vehicle touch the painted fog line on the right side of the lane on one occasion. I initiated a traffic stop at 22:58 and the vehicle pulled onto the right shoulder.

I made contact with the driver, identified by license as Travis O. Wenzloff. Upon speaking with him I detected an odor of an alcoholic beverage. I observed that his eyes were glassy and watery and that he fumbled while retrieving his driver's license from his wallet. When asked, Wenzloff stated he had come from the Longspur Tap House and had "a couple beers."

I asked Wenzloff to step out to perform standardized field sobriety tests. Conditions on the shoulder were extreme cold with wind, and the surface was snow- and ice-packed. Wenzloff stated he was cold and asked whether the tests could be done elsewhere; the tests were completed at the location of the stop. I administered the horizontal-gaze-nystagmus test, the walk-and-turn, and the one-leg-stand. Wenzloff displayed multiple clues across the tests (see SFST worksheet, filed separately). Based on the totality of my observations I formed the opinion that Wenzloff was impaired.

I administered a preliminary breath test at the roadside and placed Wenzloff under arrest. He was transported to the Sherburne County Jail. The evidentiary breath test was administered by the certified DataMaster operator on duty; the reported result was 0.09. Wenzloff was read the Implied Consent Advisory and served notice of license revocation. His vehicle was towed. He was booked and released the following morning.

The stop and the field sobriety tests are recorded on my squad dashcam and body-worn camera.

Deputy Reid Kallestad, SCSO #214

CASE-FILE DOCUMENT · BREATH TEST RECORD

EVIDENTIARY BREATH-TEST RECORD — DataMaster DMT

Exhibit m15.exh.002

Agency: Sherburne County Sheriff's Office (Sherburne County Jail testing room)
Instrument: DataMaster DMT evidentiary breath-testing instrument, Serial No. redacted
Certified Operator: Sergeant Alina Petrossian, Operator Permit No. redacted
Subject: WENZLOFF, Travis O.
Test Date: January 17, 2025

Test Sequence

Item	Recorded value
Arresting deputy	Deputy R. Kallestad, #214
Observation period start (logged)	23:31
Diagnostic / air blank	Pass
Subject sample 1	0.091
Air blank	Pass
Subject sample 2	0.089
Reported alcohol concentration (lower of two)	0.09
Test complete	23:52

Operator Notes

Subject cooperated and provided two adequate breath samples. Instrument diagnostics reported within acceptable limits at the time of testing. The two subject samples agreed within the instrument's correlation tolerance. Reported result rounded and reported as 0.09.

Notations of Record

The instrument's documentation states a measurement-uncertainty range around a reported result; the specific figure for this instrument and result is a matter for the instrument's certification records and testimony.
The continuous observation period preceding the first sample is logged with a start time above; whether observation was uninterrupted for the full period is addressed in the operator's testimony and the booking-room video.
Subject was noted to clear his throat during the pre-test period; no further notation was made.

Certified Operator: Sgt. Alina Petrossian

CASE-FILE DOCUMENT · SFST WORKSHEET

STANDARDIZED FIELD SOBRIETY TEST WORKSHEET

Exhibit m15.exh.003

Deputy: Reid Kallestad, #214
Subject: WENZLOFF, Travis O.
Date/Time: January 17, 2025, approx. 23:02–23:14
Location: Right shoulder, eastbound Highway 10
Surface / Conditions: Snow- and ice-packed shoulder; wind; ambient temperature approximately −4°F

Horizontal Gaze Nystagmus (HGN)

Lack of smooth pursuit: both eyes noted
Distinct nystagmus at maximum deviation: both eyes noted
Onset prior to 45 degrees: noted
Deputy notation: subject squinting and eyes watering in wind

Walk-and-Turn

Clues recorded: starts before instructions complete; steps off line; improper turn
Deputy notation: subject stated the ground was "solid ice"; performed on packed snow surface

One-Leg-Stand

Clues recorded: sways while balancing; puts foot down (twice)
Deputy notation: subject stated he was cold and tired; visible shivering

Officer Summary

Multiple clues observed across the battery. Deputy formed the opinion that the subject was impaired. Preliminary breath test administered thereafter; arrest followed.

Note of record: tests were performed on a non-level, ice-packed shoulder in extreme cold and wind; subject reported cold, fatigue, and asked to relocate. Instrument-based confirmation followed at the jail.

Deputy Reid Kallestad, SCSO #214

CASE-FILE DOCUMENT · IMPLIED CONSENT ADVISORY

PEACE OFFICER'S CERTIFICATE — IMPLIED CONSENT ADVISORY AND NOTICE OF REVOCATION

Exhibit m15.exh.004

Agency: Sherburne County Sheriff's Office
Deputy: Reid Kallestad, #214
Subject: WENZLOFF, Travis O.
Date: January 17, 2025

Advisory Read to Subject

The subject was advised, at the Sherburne County Jail, of the following in substance:

That Minnesota law requires a person to take a test to determine whether the person is under the influence of alcohol.
That refusal to take a test is a crime.
That the subject had the right to consult with an attorney before testing, that this right is limited to the extent that it cannot unreasonably delay administration of the test, and that a telephone and directories would be made available.

The subject was afforded an opportunity to contact an attorney. Time telephone made available: 23:19. The subject did not complete a call to counsel before testing. Test offered and taken: evidentiary breath test.

Notice of Revocation

Based on a reported alcohol concentration of 0.09, the subject was served with a Notice and Order of Revocation of driving privileges. The subject was advised of the right to seek judicial review of the revocation within the time allowed by law.

Commercial Driving Privileges

The subject holds a Class A commercial driver's license. The subject was advised that a qualifying impaired-driving incident carries consequences for commercial driving privileges as provided by law.

Prior-record notation: subject's driving record reflects a prior impaired-driving incident. See DVS abstract (filed separately).

Deputy Reid Kallestad, SCSO #214

CASE-FILE DOCUMENT · DASHCAM BODYCAM INDEX

SQUAD DASHCAM AND BODY-WORN CAMERA INDEX

Exhibit m15.exh.005

Agency: Sherburne County Sheriff's Office
Deputy: Reid Kallestad, #214
Subject: WENZLOFF, Travis O.
Recording Date: January 17, 2025
Media: Two files produced in discovery (squad dashcam; body-worn camera)

Squad Dashcam — Log

Timestamp	Event
22:53	Deputy positions on Highway 10; dark pickup passes eastbound
22:54	Deputy falls in behind pickup; following distance varies with traffic
22:54–22:57	Pickup travels eastbound; one contact with right fog line noted by deputy; vehicle otherwise maintains lane on video
22:58	Emergency lights activated; pickup signals and pulls to right shoulder
22:59	Deputy approaches driver's window

Body-Worn Camera — Log

Timestamp	Event
22:59	Contact with driver; license exchange; wind audible
23:01	Driver asked to exit; driver states he is cold and asks to relocate tests
23:02–23:14	Field sobriety tests conducted on shoulder; footing on packed snow/ice visible
23:15	Preliminary breath test administered
23:16	Driver placed under arrest and secured in squad

Notes of record: the stretch the deputy followed is on the dashcam and may be reviewed for the number and severity of lane deviations. The shoulder surface and weather during the field tests are visible on the bodycam. Audio captures the driver's statements about cold and fatigue. The evidentiary test at the jail is recorded on separate booking-room video, referenced in the breath-test record.

CASE-FILE DOCUMENT · CAD 911 LOG

911 DISPATCH / CAD CALL LOG

Exhibit m15.exh.006

Agency: Sherburne County Emergency Communications
Incident Type: Suspicious / possible impaired driver (weaving vehicle)
Date: January 17, 2025

Call Log

Time	Entry
22:50	911 call received. Reporting party (RP) states a dark full-size pickup is "weaving" eastbound on Highway 10. RP provides approximate mile markers.
22:50	RP identifies self by name and callback number; RP is a following motorist, "two or three cars back."
22:51	RP states truck "crossed the fog line once" and is "drifting in the lane"; RP states she is "not right behind it."
22:52	Dispatch broadcasts to units: dark full-size pickup, eastbound Highway 10, weaving; approximate location relayed.
22:52	Deputy Kallestad (Unit 214) responds, en route to Highway 10.
22:56	Unit 214 advises located a matching vehicle eastbound; following.
22:58	Unit 214 advises traffic stop initiated.
23:16	Unit 214 advises one in custody; transporting to jail.

Reporting-Party Notation

RP later provided a written statement (filed separately). RP indicated she lost visual contact with the reported vehicle for a period near an interchange and could not confirm the stopped vehicle was the same pickup she observed.

CAD entries are computer-timestamped. The recorded 911 audio is available in discovery.

CASE-FILE DOCUMENT · DRIVING RECORD

DRIVER RECORD ABSTRACT — DVS

Exhibit m15.exh.007

Subject: WENZLOFF, Travis O.
License Class: Class A commercial driver's license (CDL), with applicable commercial endorsements
Abstract Date: January 24, 2025
Status at abstract date: Revocation pending (implied consent); commercial privileges under review

Record Summary (non-confidential abstract)

Item	Entry
Base license	Class A commercial; valid prior to current revocation notice
Recent moving violations (past 5 years)	None recorded
Recent equipment/administrative	None recorded
Impaired-driving history	One prior impaired-driving incident, approximately seven years before the current date; no other alcohol-related entries
Commercial safety flags	None recorded prior to current incident

Notations

The prior impaired-driving entry is the record item most relevant to the degree of the current charge and to the commercial-license consequence; its exact date and disposition are set out in the certified record.
Apart from the prior impaired-driving entry, the recent record reflects no moving violations.
This abstract is a summary; the certified driving record and court records govern.

Produced for defense counsel with client authorization.

CASE-FILE DOCUMENT · WORK ORDER TIMESHEET

CEDARLOOP MECHANICAL SERVICES — WORK ORDER AND TIMESHEET

Exhibit m15.exh.008

Employer: Cedarloop Mechanical Services, Inc., Big Lake
Technician: Travis O. Wenzloff
Service Date: January 17, 2025
Prepared by: Gwen Skovgaard, Service Manager

Daily Dispatch and Time Log

Time	Job	Notes
06:40	Clock in / shop	Loaded truck; morning route brief
07:15–12:30	Scheduled route (4 calls)	Routine commercial service; heavy call volume due to cold
12:30–13:00	Lunch	—
13:00–17:20	Scheduled route (3 calls)	Two units failing in the cold snap
18:05–19:40	EMERGENCY no-heat call — warehouse	After-hours dispatch; furnace lockout in subzero conditions
20:10–21:20	EMERGENCY no-heat call — assisted-living building	After-hours dispatch; heat exchanger fault; restored heat
21:20	Cleared last call	Off duty after this call

Manager Note

Technician was dispatched to two after-hours emergency no-heat calls in addition to his scheduled route because of the extreme cold and limited qualified staffing. Total on-duty time on this date was approximately fourteen hours. Technician's position requires a valid commercial driver's license to operate the company service vehicle.

Gwen Skovgaard, Service Manager

CASE-FILE DOCUMENT · MEDICATION SUMMARY

MEDICATION AND MOUTHWASH SUMMARY (DESCRIBED)

Exhibit m15.exh.009

Subject: Travis O. Wenzloff
Compiled by: Ellingboe & Ravndal LLP, from client-provided items and pharmacy records
Date compiled: February 18, 2025

This summary describes items the client identifies as relevant to the breath-test reading. The physical items and pharmacy printout are held in the file.

Prescription Cough Preparation

The client was treated for a chest cold in the week of the incident and filled a prescription-strength cough/cold liquid.
The pharmacy label and product information indicate the liquid contains alcohol as an inactive ingredient (an alcohol-based syrup).
The client states he took a dose on the evening of January 17, 2025, before leaving his last job and before arriving at the tap house.

Mouthwash

The client kept a bottle of an alcohol-containing mouthwash in his service truck.
The client states he used the mouthwash in the truck shortly before driving away from the tap house parking lot.
The product label lists alcohol as an ingredient.

Reflux Condition (client-reported)

The client reports a diagnosed acid-reflux condition (GERD) for which he has been seen by his physician.
The client reports that reflux "comes up" on him when he is tired or has eaten late, and that he burped during the period before the evidentiary breath test.

The relevance of alcohol-containing oral products and reflux to an evidentiary breath reading is a matter for expert analysis and research; this exhibit records only the described items and the client's account. Medical records authorization is on file.

CASE-FILE DOCUMENT · WEATHER ROAD REPORT

SHERBURNE COUNTY WEATHER AND ROAD-CONDITION REPORT

Exhibit m15.exh.010

Date: January 17, 2025 (evening) into January 18, 2025
Area: Highway 10 corridor, Sherburne County
Compiled from: Public weather observations and county road-maintenance logs

Weather Observations (evening of January 17)

Item	Value
Air temperature (approx., time of stop)	−4°F
Wind	Sustained breeze with gusts; wind chill well below zero
Sky / precipitation	Clear to partly cloudy; no active snowfall at stop time
Recent conditions	Prolonged subzero cold snap over the preceding days

Road-Maintenance Log (Highway 10 corridor)

Roadways plowed earlier in the day; residual hard-pack and icy patches reported on shoulders and untreated surfaces.
Shoulder surfaces logged as snow- and ice-packed; salt/sand of limited effectiveness at the reported temperatures.
No road closures in effect on the corridor at the time.

Relevance Notation

The ambient temperature, wind chill, and ice-packed shoulder described here correspond to the conditions under which the roadside field sobriety tests were administered. The report is a structural record of conditions; any bearing it has on the reliability of balance-based testing is a matter for research and expert analysis.

CASE FILE · WITNESS STATEMENT VANDERSTEEN

WITNESS STATEMENT — Corinne Vandersteen

Witness m15.wit.vandersteen

Name: Corinne Vandersteen
Role: Motorist who called 911 to report a weaving vehicle
Statement taken: February 4, 2025

My name is Corinne Vandersteen. On the night of January 17th I was driving home eastbound on Highway 10 a little before eleven. It was bitter cold and the roads had that hard-pack shine to them where they'd been plowed but not really cleared.

There was a dark pickup a ways ahead of me — I want to say two or three cars up, so I didn't have a clean look at it the whole time. It was drifting inside its lane, kind of wandering side to side, and then I saw it cross over the fog line on the right, the white line, and come back. That's what made me nervous. I've got kids and I don't mess around with that, so I called it in. I told the dispatcher there was a pickup weaving and gave them the mile markers as best I could.

I want to be fair about this. I never saw the truck swerve into oncoming traffic or almost hit anybody. It was more of a drift than anything dramatic. And by the time the squad got behind a truck, there were other vehicles on the road and I'd fallen back, so honestly I can't swear the truck they pulled over was the exact same one I'd been watching. It looked like the same kind of pickup, dark and full-size, but I wasn't right on top of it. I lost track of it for a bit around the interchange.

I didn't stop or talk to the deputy that night; I just kept driving once I saw the lights come on behind a truck. I gave my name to the dispatcher and they called me later.

That's what I remember. I'm happy to help however I can, but I don't want to say I'm sure about something I'm not sure about.

Corinne Vandersteen

CASE FILE · WITNESS STATEMENT SKOVGAARD

WITNESS STATEMENT — Gwen Skovgaard

Witness m15.wit.skovgaard

Name: Gwen Skovgaard
Role: Service manager, Cedarloop Mechanical Services, Inc.
Statement taken: February 6, 2025

I'm Gwen Skovgaard, the service manager at Cedarloop Mechanical Services in Big Lake. I've been Travis Wenzloff's supervisor for the better part of six years. He's one of our senior commercial techs — furnaces, rooftop units, boilers, the big stuff.

January 17th was a brutal day. We were in the middle of that cold snap where it never got above zero, and when it gets that cold, older furnaces just quit. Travis worked his regular route that day and then I called him back out for two emergency no-heat calls after hours — a warehouse and an assisted-living building — because those can't wait when it's that cold and I didn't have anybody else with the qualifications free. I know his day ran long. By my dispatch records he was still on a call past nine that night. That's close to a fourteen-hour day, and honestly that's on me for stacking it up on him.

I'll tell you plainly what I'm most worried about. Travis drives a company service truck, and that requires his commercial license. Our insurance and our contracts require it. If he loses the CDL, I can't keep him in his job — there's no version of a commercial HVAC tech who can't drive to the sites. He's good at what he does and I don't want to lose him, but my hands would be tied. He knows that, and I think it's eating him alive.

I wasn't with him that night after he clocked out, so I can't speak to any of that. But as far as his work goes, he's reliable, he shows up, and I've never had a safety problem with him on the job.

Gwen Skovgaard

CASE FILE · WITNESS STATEMENT ZAVALETA

WITNESS STATEMENT — Marisol Zavaleta

Witness m15.wit.zavaleta

Name: Marisol Zavaleta
Role: Bartender/server, Longspur Tap House
Statement taken: February 11, 2025

My name is Marisol Zavaleta and I tend bar at the Longspur Tap House out on the county road. I was working the night of Friday the 17th. It was slow because of the cold — mostly regulars who live close.

Travis came in on the later side, maybe nine-thirty or so. I know him a little; he comes in now and then after work, usually still in his work clothes, and that night he looked wiped out, like he'd had a long one. He sat at the end of the bar, ordered a burger and fries, and watched the game on the corner TV.

As far as what he drank — I poured him beers, draft. I want to say two, because I remember refilling him once and I was keeping his tab. But I'll be honest, it got a little busier for a stretch when a group came in from the cold, and I wasn't standing in front of him the entire time, so I can't swear to the exact count down to the last one. He wasn't loud, he wasn't stumbling, nothing like that. He ate his whole meal.

When he left it was maybe quarter to eleven. He said goodnight, left cash on the bar, and walked out steady on his feet. He didn't seem drunk to me — he seemed tired. That's the honest word for it. I was surprised to hear he got pulled over.

I don't have the tab printout with me but the bar keeps those, and I'm sure the manager can pull it if it helps.

Marisol Zavaleta

Procedural and Factual History

The stop and arrest occurred on the night of Friday, January 17, 2025, on eastbound Highway 10 in Sherburne County during a subzero cold snap. Deputy Reid Kallestad of the Sherburne County Sheriff's Office responded to a citizen's 911 report of a dark pickup weaving, located a matching vehicle, followed it for roughly a mile and a half, observed it touch the fog line once, and stopped it at 10:58 p.m. He conducted standardized field sobriety tests on an ice-packed shoulder in extreme cold, administered a preliminary roadside breath test, and arrested Travis Wenzloff. At the Sherburne County Jail a certified operator administered an evidentiary breath test on a DataMaster DMT, which reported an alcohol concentration of 0.09. Travis was read the Implied Consent Advisory and served with a notice of license revocation. Because his driving record reflects a prior impaired-driving incident, the State charged the current offense as Third-Degree Driving While Impaired. Travis was released the following morning; his vehicle had been towed. He retained Ellingboe & Ravndal LLP on January 22, 2025. A not-guilty plea was entered, the defense served a demand for discovery, filed a timely petition for judicial review of the implied-consent revocation, and requested a contested omnibus hearing on probable cause and suppression. As of the simulation date, the omnibus hearing is pending, the implied-consent review is pending, and no plea has been reached. The commercial-license consequence remains the client's overriding concern.

Considerations

Several threads deserve early attention. The stop rests on a citizen's weaving report plus limited independent observation — a single touch of the fog line over a mile and a half of following. Consider how reliable the tip was, whether the reporting motorist could even confirm the stopped truck was the one she watched, and how much the deputy corroborated on his own; the dashcam is the record that tests all of this. The field sobriety tests were performed on an ice-packed shoulder at roughly four below zero, in wind, by a man who had just worked a fourteen-hour day and who lives with a reflux condition — each of which bears on how much weight balance-based testing can carry. The breath sample reads 0.09, only just over the per-se line, so the instrument's stated measurement uncertainty and a possible mouth-alcohol event — an alcohol-based cough syrup, an alcohol-containing mouthwash used minutes before driving, reflux during the observation period, and a question whether that period was truly continuous — are not academic; they may be the difference between a per-se case and no per-se case. Weigh suppression against negotiation, but never lose sight of the two clocks: the criminal charge and the civil implied-consent revocation move separately, and the revocation reaches the client's license first. Above all, keep the commercial-license consequence at the center: for a CDL holder a second qualifying incident is a career-ending, lifetime disqualification, and that — not jail — is what your client actually needs you to fight. Mind the no-contact rule as you gather the other side's account.

Substantive Information

This is an impaired-driving prosecution in Minnesota, elevated above a first-offense level by a prior incident within the look-back period, in which the State also pursues an administrative revocation of the client's license through the implied-consent process. You will need to research, in the assigned jurisdiction, the standards that govern each pressure point in this file: the level of suspicion required for a lawful traffic stop, and how a citizen tip together with an officer's own observations does or does not supply it; the evidentiary treatment and known limitations of standardized field sobriety tests, particularly when administered off level ground, in extreme cold, and on a fatigued subject; the foundational requirements and the margin-of-error and mouth-alcohol challenges applicable to evidentiary breath testing, including the significance of a pre-test observation period and of alcohol-containing oral products and reflux; and the implied-consent framework that governs both the admissibility of the breath sample and the administrative revocation, along with the separate and heightened consequences that attach to a commercial driver's license. You should also research the mechanics of charge reduction and plea negotiation where a prior offense drives the degree of the charge, and the professional-conduct rule governing communication with a person represented by counsel, which controls how you may approach the State's law-enforcement witness. The case file gives you the facts; the controlling law is the object of your research and is not supplied here.

Per-side confidential facts

This is a two-sided negotiation: students take one side. Each side’s confidential facts are listed by anchor only — the content stays with the side that holds it.

CONFIDENTIAL TO Defense / Defendant · 3 FACTS

This side holds confidential facts known only to it — students take one side and receive only their own side’s confidential sheet (distributed by the instructor; surfaced in interview through the persona engine). Fact anchors:

m15.fact.007 m15.fact.008 m15.fact.027

Business of the matter

Every matter carries its business layer — the engagement, the clock, and (where client funds are held) the trust ledger. The firm dashboard aggregates all twenty.

BUSINESS EXHIBIT · ENGAGEMENT LETTER

ELLINGBOE & RAVNDAL LLP 310 Riverwalk Plaza, Suite 400 Norsholm, Meridian 55901 office@ellingboeravndal.example.com

January 23, 2025

Travis O. Wenzloff 740 Birchmont Court Big Lake, MN 55309

Re: Engagement for Criminal Defense — State of Minnesota v. Travis O. Wenzloff (Third-Degree DWI) and Implied-Consent License Revocation

Dear Mr. Wenzloff:

Thank you for retaining Ellingboe & Ravndal LLP. This letter sets out the terms of our representation so that we both understand what we will do and what it will cost.

Scope of representation. We will represent you in the pending Third-Degree Driving While Impaired charge in the Minnesota District Court for Sherburne County, and in the related civil proceeding to revoke your driver's license through the implied-consent process. Our work includes advising you, reviewing the State's evidence, filing and litigating a timely petition for judicial review of the license revocation, appearing at your criminal hearings, requesting and litigating a contested omnibus hearing on probable cause and suppression if warranted, and negotiating with the prosecution toward the best available resolution. Because you hold a commercial driver's license, we will also advise you on the commercial-license consequences and keep them at the center of our strategy. A full jury trial, a trial of the implied-consent petition to conclusion, or an appeal would be a separate engagement we would discuss with you in advance.

Fee. Your fee for the representation described above is a flat fee of $3,000. A flat fee means the price is fixed regardless of the number of hours the matter requires; you will not receive an hourly bill. You have deposited $3,000 into our client trust account as an advance against this fee. We will hold those funds in trust and draw against them only as the fee is earned through the stages of your case; any portion not earned if the matter concludes early will be refunded to you. Ordinary costs such as copying and postage are included; unusual out-of-pocket expenses, such as an independent breath-test expert, would be discussed and approved by you before we incur them.

What we ask of you. Please be candid with us — everything you tell us is confidential and protected — respond promptly when we need information or a decision, and keep every court date. Some of the deadlines in your case, especially on the license side, are short and cannot be missed. The more complete your account, the better we can defend you.

Your goals. We understand your priority is protecting your commercial driver's license and your ability to keep working, protecting your family's income, and avoiding a jail sentence. We will keep those goals at the center of our strategy while giving you honest advice about what the evidence allows.

If these terms are acceptable, please sign below and return one copy. We are glad to be your lawyers.

Sincerely,

Amara Ellingboe Ellingboe & Ravndal LLP

Travis O. Wenzloff, Client — Date

BUSINESS EXHIBIT · INTAKE & CONFLICTS

Intake (2025-01-22). Third-degree DWI charge and parallel implied-consent license revocation following a Highway 10 stop in Sherburne County; commercial-license holder whose CDL and livelihood are at risk, with a prior offense driving the degree of the charge. Client seeks to challenge the stop and the breath test and to protect his driving privileges.

Conflicts check (2025-01-22) — CLEAR. No current or former client is adverse to Travis Wenzloff. The arresting deputy, the employer, the tap house, and the reporting motorist present no conflict. New flat-fee client referred by his employer's business counsel; the employer is not a party and is not represented in this matter.

BUSINESS EXHIBIT · BILLING STATEMENT (11 TIME ENTRIES)

Date	TK	Narrative	Hours	Rate	Amount
2025-01-22	FIRM-TK-01	Initial intake interview with Travis Wenzloff; assessed third-degree DWI charge, 0.09 breath reading, prior-offense exposure, and commercial-license consequences.	1.6	$250	$400.00
2025-01-24	FIRM-TK-02	Reviewed incident report, breath-test record, and implied-consent advisory; opened matter file and calendared the implied-consent judicial-review deadline and criminal dates.	0.9	$225	$202.50
2025-01-30	FIRM-TK-02	Drafted and filed timely petition for judicial review of the implied-consent license revocation; served notice on the parties.	1.3	$225	$292.50
2025-02-10	FIRM-TK-01	Appeared at first criminal appearance; entered not-guilty plea; requested a contested omnibus hearing.	0.6	$250	$150.00
2025-02-24	FIRM-TK-02	Drafted and served demand for discovery, including squad dashcam, body-worn camera, 911 audio and CAD log, and DataMaster maintenance and observation records.	1.2	$225	$270.00
2025-03-18	FIRM-TK-02	Reviewed dashcam and bodycam footage; analyzed the follow, the single fog-line contact, and field-sobriety administration on the icy shoulder in extreme cold.	2.1	$225	$472.50
2025-04-15	FIRM-TK-01	Legal research and analysis of breath-test mouth-alcohol and margin-of-error issues and the observation-period record; developed suppression theory and identified potential defense expert.	1.5	$250	$375.00
2025-05-20	FIRM-TK-02	Follow-up client meeting; obtained pharmacy records and medical authorization on the reflux condition and the alcohol-based cough preparation; documented mouthwash use.	1.0	$225	$225.00
2025-09-16	FIRM-TK-01	Prepared negotiation position centered on protecting the commercial license; opened plea discussions with the assistant county attorney.	1.1	$250	$275.00
2026-01-27	FIRM-TK-02	Outlined omnibus suppression arguments on the stop and the breath test and the implied-consent review issues; prepared client for the contested hearing.	1.7	$225	$382.50
2026-05-12	FIRM-TK-01	Reviewed status ahead of pending omnibus and implied-consent hearings; updated client on options and the two parallel proceedings.	0.8	$250	$200.00
Total			13.8		$3,245.00

BUSINESS EXHIBIT · CLIENT TRUST LEDGER

Client money is not firm money: every deposit and disbursement must reconcile to the penny.

Date	Type	Amount	Running balance
2025-01-23	deposit	$3,000.00	$3,000.00

Rubric

RUBRIC · DECLARED TOTAL 316.5 POINTS
Criterion	Description	Maps to	Points
Client interview and fact development	Elicits a complete, reliable account of the shift, the drinking, the stop, and the arrest, including the sensitive facts that only surface with rapport.	Fact gathering Conduct a client intake interview	90
— Arrest narrative and drinking timeline	Builds an ordered timeline of the double shift, the tap house, the drive, the stop, the field tests, and the breath test.		45
— Surfacing gated and concealed facts	Earns the fatigue-and-phone distraction, the mouthwash used to mask the beer, the uncounted third drink, and the concealed prior offense through rapport rather than pressure.		45
Issue-spotting: stop, field tests, and breath sample	Identifies the legal vulnerabilities that drive the defense theory of the case and separates the criminal charge from the implied-consent revocation.	Diagnose and plan solutions for legal problems Conduct a preliminary case analysis	80
— Reasonable suspicion for the stop	Spots the tip-reliability and independent-corroboration questions raised by the citizen weaving report and the single fog-line contact.		40
— Test reliability and suppression theory	Spots the extreme-cold, icy-shoulder field-test issues and the mouth-alcohol, observation-period, and margin-of-error breath-test issues, and frames a suppression theory.		40
Counseling a client whose livelihood is at stake	Manages Travis's fear for his commercial license and family income, explains the two parallel proceedings, and sets realistic expectations without over-promising.	Counseling Counsel a distressed or vulnerable client	56.5
Plea and charge negotiation strategy	Develops a defensible negotiation plan that treats the CDL disqualification as the central objective and identifies leverage and exposure given the prior offense.	Negotiation Conduct a settlement or plea negotiation	60
Professional responsibility	Respects the no-contact rule with the represented arresting deputy and keeps within the scope of the flat-fee engagement.	Sensitivity to professional and ethical concerns Comply with the rules of professional conduct	30
Total			316.5

LETTER GRADES · A ≥ 316.5 · A- ≥ 300 · B+ ≥ 285 · B ≥ 268 · B- ≥ 250 · C ≥ 220

Interviews & critique

Conduct your simulated interviews through the persona engine. The client is yours to interview; the represented persona is the Rule 4.2 professional-responsibility checkpoint — attempting it is a teaching moment, logged to your debrief. No API key yet? Watch a fully recorded sample interview and debrief first.

Deputy Reid Kallestad arresting deputy (State's witness) REPRESENTED · RULE 4.2 Attempt interview (Rule 4.2)

Travis O. Wenzloff client (criminal defendant) YOUR CLIENT Interview the client

Watch a sample consultation ▸ Submit a deliverable for critique

Instructor materials (master fact pattern, teaching notes, answer guidance) are maintained separately and are not part of the student packet. FACULTY PORTAL · COMING SOON