The Caplan & Tamburino Law Firm, P.A., is proud to announce that Attorney Joe Tamburino has been named a Super Lawyer for 2008 by Law & Politics Magazine. Super Lawyers recognizes lawyers who have attained a high degree of peer recognition and professional achievement, honoring only 5 percent of the lawyers in each state or region.

An eleven-time Super Lawyer honoree, Mr. Tamburino has practiced exclusively in criminal law for over 18 years. As a Minnesota criminal defense and DUI attorney, he has been involved in over 60 jury trials for crimes from DWI and DUI to homicide. During his career, Mr. Tamburino has tried five first-degree murder cases, employing such defenses as insanity, duress and self-defense. He graduated from the University of Minnesota Law School in 1989, and began his career that year at the Anoka County Attorney’s Office, later moving to the Public Defender’s Offices in Anoka and Hennepin Counties.

In 1997, Joe joined the Caplan & Tamburino Law Firm, concentrating his practice on serious felony matters. He is licensed to practice law in Minnesota, Wisconsin and Federal Courts, and has been an instructor at numerous legal educational courses.

The Caplan & Tamburino Law Firm is recognized for its criminal trial practice successfully representing clients in Minnesota in a wide range of criminal matters, with particular specialties in DWI and DUI defense, representing numerous clients throughout Minnesota and the Minneapolis St. Paul area.

The Caplan & Tamburino Law Firm, P.A., is proud to announce that Principal Allan Caplan has been named a Super Lawyer for 2008 by Law & Politics Magazine. Super Lawyers recognizes lawyers who have attained a high degree of peer recognition and professional achievement, honoring only 5 percent of the lawyers in each state or region.

A ten-time Super Lawyer honoree, Allan Caplan spent six years prosecuting major felonies and white collar crimes as an Assistant Hennepin County Attorney during his 34-year career. In 1983, Mr. Caplan formed Caplan & Tamburino Law Firm, P.A., one of the largest criminal defense firms in the Midwest, with six lawyers representing clients in criminal law matters, both locally and nationally. A Minnesota dui attorney, Mr. Caplan has achieved acquittals and successful results for his clients in every type of case ranging from DWI and DUI to first-degree murder.

A 1974 graduate of William Mitchell College of Law, Mr. Caplan and his associates frequently speak at continuing legal educational seminars. He is licensed to practice in Minnesota, Wisconsin and Federal Courts.

The Caplan & Tamburino Law Firm is recognized for its criminal trial practice successfully representing clients in Minnesota in a wide range of criminal matters, with particular specialties in DWI and DUI defense , representing numerous clients throughout Minnesota and the Minneapolis St. Paul area.

Minneapolis – The Caplan & Tamburino Law Firm, P.A. announced that on January 29, 2007, Criminal Attorney David Risk has become a Certified Evidentiary Breath Alcohol Technician for Intoxilyzer Models 5000, S-D2, S-D5 & 400.

A Minnesota DUI and DWI Attorney, Risk successfully completed the Intoxilyzer Breath Alcohol Testing course and has become one of the first Minnesota criminal defense attorneys who have obtained the same education as the experts who testify for the Minnesota Bureau of Criminal Apprehension in DWI trials. The course addressed the history and principles of breath alcohol testing, Intoxilyzer 5000 principles of operation, pharmacokinetics of alcohol, roadside screening devices (preliminary breath test or PBT), component systems of the Intoxilyzer 5000, Intoxilyzer 5000 operations, accuracy of the Intoxilyzer 5000, and specificity & interferents.

Participants also ran tests on the Minnesota model of the Intoxilyzer 5000EN with the same source code that is used by the police in the State of Minnesota. Not surprisingly the machine did not work as advertised. Among the machine’s failures:

1. It did not detect mouth alcohol. This results in a reported breath alcohol concentration much higher that the persons actual alcohol concentration. Those with gastric reflux issues (G.E.R.D.) or who burp or belch before giving a sample are not treated fairly and may be unfairly accused of having an alcohol concentration well over their actual alcohol concentration. The State has claimed that the machines “slope detector” will flag such a problem, but the detector does not work as claimed. In fact, top forensic scientists agree that these devices are entirely unreliable and cannot be relied upon to prove guilt in a DWI case.
2. The Intoxilyzer 5000 does not subtract interferents such as Isopropanol and Acetone. These compounds have a similar molecular structure as alcohol. Although the machine may identify the presence of such substances, it does not fully subtract the amount of the added “alcohol” on the drivers breath. Those with diabetes or who have endured prolonged exposure to such substances as paint fumes, solvents and numerous chemicals can be adversely affected.
3. Attorney David Risk maintains that the machine can be greatly affected by the manner in which the subject blows into the Intoxilyzer. By hyperventilating, blowing at a minimal rate and giving a minimal volume of air, a person can lower the reported alcohol concentration by at least 50%. Many times officers attempt to obtain the highest reading by having the person hypoventilate and completely empty their lungs before blowing. This will raise the reported alcohol concentration by as much as one-third.

The Caplan & Tamburino Law Firm is recognized for its criminal trial practice successfully representing clients in Minnesota in a wide range of criminal matters, with particular specialties in DWI and DUI defense, representing numerous clients throughout Minnesota and the Minneapolis St. Paul area. For more information, please call (612) 424-5446.

Minneapolis – The Caplan & Tamburino Law Firm, P.A. announced on October 31, 2007, that Attorney Joseph Tamburino argued before the Minnesota Supreme Court in the case of State of Minnesota v. Goelz.

Tamburino’s argument focused on a case of a first impression before the Court on the issue of whether the existence of an order for protection is admissible in a First Degree Murder Trial to show a pattern of domestic abuse.

According to Tamburino, very few cases of this nature are heard before the Minnesota Supreme Court and it is unique to have a case where the issue has never been argued before.

“The legislature did not intend to allow a civil order, “order for protection”, to enhance a criminal offense specifically where the civil order did not contain any findings of fact by a court. The use of such an order prejudices my client and affects his ability to have a fair trial, Tamburino said.”

The Supreme Court currently has the matter under advisement. Click here to hear Joseph Tamburino’s oral argument before the Supreme Court.

The Caplan & Tamburino Law Firm, P.A., recognized as a top Minnesota criminal defense and Minnesota DUI law firm, has successfully represented numerous clients throughout Minnesota and the Minneapolis St. Paul area in a wide range of criminal matters.

Minneapolis – The Caplan & Tamburino Law Firm, P.A. is proud to announce that Attorney Charlie Clippert has recently joined the growing firm, offering a reputation as an aggressive criminal defense trial attorney representing clients charged with everything from simple misdemeanors to murder for over 12 years.

Clippert, who began his career with the Ramsey County MN Public Defender’s office in 1995, has practiced civil litigation, criminal defense and criminal appeals. Clippert is also actively involved in the legal community, serving as an adjunct professor of law at William Mitchell College of Law, and as the Vice President of the Ramsey County Bar Association.

A Minnesota DUI attorney, Clippert recognizes that a person facing criminal prosecution also faces the vast resources of the state, and justice can only be served if the person is represented by a lawyer prepared to present a zealous defense. His main concern has always been to achieve the best result possible for each individual client throughout his career.

The Caplan & Tamburino Law Firm is recognized for its criminal trial practice successfully representing clients in Minnesota in a wide range of criminal matters, with particular specialties in DWI and DUI defense, representing numerous clients throughout Minnesota and the Minneapolis St. Paul area.

Minneapolis – Caplan & Tamburino Law Firm principal attorney Allan Caplan has announced that the firm is currently offering a new OWI practice specialty, defending residents of the state of Wisconsin who have been charged with OWI or Operating While Intoxicated. Wisconsin and other states typically use the term OWI as opposed to DWI or DUI with the operative word being “operating”.

Attorneys Allan Caplan and Joseph Tamburino are both licensed to practice law and try court cases in the State of Wisconsin. A principal of Caplan & Tamburino Law Firm, P.A., Allan Caplan spent six years prosecuting major felonies and white collar crimes as an Assistant Hennepin County Attorney During his 32-year career. In 1983, Mr. Caplan formed Caplan & Tamburino Law Firm, P.A., one of the largest criminal defense firms in the Midwest, with six lawyers representing clients in criminal law matters, both locally and nationally. A Minnesota DUI attorney, Mr. Caplan has achieved numerous acquittals and successful results for his clients in every type of case ranging from DWI and DUI to first-degree murder.

Mr. Tamburino has practiced exclusively in criminal law for over 17 years. A Minnesota DUI attorney, he has been involved in over 60 jury trials for crimes from DWI and DUI to homicide. During his career, Mr. Tamburino has tried five first-degree murder cases, employing such defenses as insanity, duress and self-defense. He graduated from the University of Minnesota Law School in 1989, and began his career that year at the Anoka County Attorney’s Office, later moving to the Public Defender’s Offices in Anoka and Hennepin Counties.

The Caplan & Tamburino Law Firm, P.A., recognized as a top criminal defense and Minnesota DWI / DUI law firm, has successfully represented numerous clients throughout Minnesota, the Minneapolis St. Paul area, Wisconsin, and the Federal Courts in a wide range of criminal matters.

Minneapolis, MN — If you’re convicted of DWI or DUI in Hennepin or Beltrami County, Minnesota, you may be eligible for a reduction in your driver’s license consequences if you agree to an Ignition Interlock System.

According to Caplan & Tamburino Law Minnesota DWI Attorney Debbie Lang, The Ignition Interlock program allows repeat offenders to obtain their work permit and driving privileges following a reduced revocation period. It allows many to keep their positions of employment despite a lengthy revocation period.

An ignition interlock is a sophisticated system that tests for alcohol on a driver’s breath. It requires that a vehicle operator to blow into a small alcohol sensor unit attached to a vehicle’s dashboard. The car will not start if the blood alcohol concentration of the driver is above a preset level (usually .00 to .04 BAC). The device also prevents a friend from starting the car and then allowing the impaired driver from taking the wheel, by requiring a ‘rolling re-test every few minutes while driving.

“Depending on how effective the program is in Hennepin and Beltrami Counties,” Lang points out, “other Minnesota Counties may offer the program to DUI and DWI offenders.

The Caplan & Tamburino Law Firm, P.A., recognized as a top criminal defense and Minnesota DUI law firm, has successfully represented numerous clients throughout Minnesota and the Minneapolis St. Paul area in a wide range of criminal matters.

Minneapolis, MN – The Caplan Law Firm, P.A., is proud to announce that Attorney Debbie Lang has been nominated and elected to the Warren E. Burger Inn of Court, which is affiliated with The American Inns of Court movement.

The American Inns of Court (AIC) movement is devoted to legal excellence, civility, professionalism and ethics. Each American Inn of Court is an intimate amalgam of judges, lawyers, law students, and law professors in an organized and continuing structure designed to directly improve the standards of legal advocacy in America. Members of an AIC meet once a month in order to participate in mock trials, demonstrate appellate arguments, receive critical evaluation, and share insights into the judicial process.

“I am honored and excited to participate in The American Inns of Court,” Debbie Lang said. “It’s a great way to meet other professionals, share knowledge and improve my criminal practice skills.”

Lang has earned a reputation as an attorney who will vigorously advocate for her clients to protect their constitutional rights. Lang represented thousands of indigent clients charged with criminal offenses during her practice as a Ramsey County Public Defender. Her representation has achieved successful results in cases such as DUIs and DWIs, domestic assaults, felony level drug possession/sale, criminal sexual conduct, and homicide.

In addition to her practice at the Law Firm, Lang is also an adjunct professor at Hamline University within the Legal Studies department.

The Caplan Law Firm, P.A., recognized as a top Minnesota criminal defense and Minnesota DUI law firm, has successfully represented numerous clients throughout Minnesota and the Minneapolis St. Paul area in a wide range of criminal matters.

The Caplan Law Firm, P.A., is proud to announce that Attorney David Risk has been named a Minnesota ‘Rising Star’ Attorney by Minnesota Law and Politics Magazine for the fourth time.

Minnesota Rising Stars are nominated by Lawyers on the Minnesota Law and Politics Magazine Super Lawyers list who are asked to nominate the best attorneys who are either 40 years of age, or who have been practicing 10 or fewer years in their state or region. The Rising Stars list includes both private practice attorneys and attorneys in non-private practice areas such as prosecutors, in-house counsel, judges and public service lawyers.

David Risk has earned a reputation as an excellent criminal defense attorney through his aggressive representation of thousands of criminal defense clients.

After beginning his career as a Public Defender in Ramsey County, Minnesota, David joined Caplan Law Firm in 2005 and devotes his Minnesota criminal law practice to crimes ranging from DWI and DUI, to Implied Consent, to first-degree murder.

The Caplan Law Firm, P.A., recognized as a top Minnesota criminal defense and Minnesota DUI law firm, has successfully represented numerous clients throughout Minnesota and the Minneapolis St. Paul area in a wide range of criminal matters.

Minneapolis – Caplan Law Firm has announced that Attorney Ryan Garry has successfully defended Josiah Ogunti, 26, of Brooklyn Park for his role in a shooting that injured three people at a Brooklyn Center soccer field in Mid-July. Two others were charged in the crime, but Mr. Garry only defended Ogunti who was acquitted of 2nd Degree assault charges.

KARE 11 Television News reported that the events unfolded in Brooklyn Center, where a Liberian soccer tournament was being held. The league was designed to promote unity within the immigrant community but instead, a disagreement led to bloodshed, reminiscent of the violence they left behind in Liberia. Three people were hit by the gunfire, including an 8-year-old boy. The rest of the soccer tournament was been canceled for fear of more violence.

Attorney Ryan Garry said “After an extensive private investigation by our firm, and after interviewing many witnesses the police hadn’t even bothered questioning, I learned that Mr. Ogunti was, in fact, not one of the shooters during the Liberian Soccer Tournament, and was wrongfully charged,” according to Caplan Attorney Ryan Garry. “At Mr. Ogunti’s omnibus hearing, I made a motion to dismiss his case because the complaint and evidence lacked probable cause to charge him with the serious crime of Second Degree Assault. The judge rightfully granted my motion, and Mr. Ogunti was set free. The right result for an innocent client.”

The Caplan Law Firm, P.A., recognized as a top Minnesota criminal defense and Minnesota DUI law firm, has successfully represented numerous clients throughout Minnesota and the Minneapolis St. Paul area in a wide range of criminal matters.