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ROBB OLSON <br />LAW OFFICE, PLLC <br />Robb L. Olson <br />VM: 763-231-6202 <br />Email: robbolson@wbllaw.net <br />Mark A. Mitchell <br />VM: 763-231-6203 <br />Email: markmitchellgwbllaw. net <br />July 2, 2007 <br />City of Gem Lake <br />4707 Highway 61, 9253 <br />White Bear Lake, MN 55110-3227 <br />Dear City Manager: <br />S� <br />4886 Highway 61 N., Suite 102 <br />White Bear Lake, MN 55110 <br />Tel: 651-426-1533 <br />Fax:651-426-6732 <br />Sandra L. Parker <br />Legal Assistant <br />Email: lawyers@wbllaw. net <br />Since the change over in the City with the replacement of Fritz Magnuson, I do <br />not know who to contact regarding prosecution matters. I left a phone message last week <br />on the City voice mail, but received no response. <br />My reason for attempting to contact the City is prosecution of a difficult and <br />expensive DWI case against Michael Hamer. According to witnesses, Mr. Hamer was <br />the driver of a vehicle that hit another car at the intersection of County Road E and <br />Highway 61. He appeared to be very drunk, and drove off. Hamer was apprehended <br />about 35 minutes later, now as a passenger in the vehicle, passed out. He later tested .21 <br />blood alcohol content on the Intoxilyzer. It is his second DWI offense. <br />There are two difficult trial issues in this case, as follows: <br />1 TA, +. i r.f a �••i r iJ: th t: ... 1 <br />_if_y t on o _.amer H= �r :.:�;ate:lU$ tilwt AL �ra� •;3 Viliva, iivt _lieu, wsiG <br />was driving the vehicle. His brother looks very similar, and our witnesses will express <br />some doubt at trial. <br />2. Impairment. The test of .21 blood alcohol content was taken about three hours <br />after the accident; to have an open and shut case the test must be within two hours of <br />driving. The witnesses will testify that they spoke with Hamer and he appeared to be <br />very drunk, and he did rear end their car at about 5 miles per hour. <br />