Wednesday, February 15, 2012

Minnesota DWI Court Process (Civil Cases)

In addition to the criminal court case that many of you would expect - if you found yourself facing a Minnesota DWI charge - there's also the psooibility that you'll also have to answer for civil penalties assiciated with the same arrest.

Generally speaking, and unless specifically required by the Court, your appearance at such court hearings is not always required.  However, depending on the specific facts of your case, your appearance at court appearances may be requested.  

Implied Consent Hearing
Sometimes referred to as an “IC” or “Driver’s License Trial”, this court appearance is like a Court Trial in which your Minnesota DWI Attorney and the Attorney for the State argue before the Court seeking, among other things, the lifting the revocation of your Minnesota driving privilege.  This hearing is conducted in the same manner as a Contested Probable Causey Hearing.  In short, it is your  burden to show that the revocation s not justified.  If you fail to meet that burden, the Court will sustain the revocation of your driver's license.  In other words, you will lose your driving privileges.

B-Card Hearing

This hearing takes place if you are alleged to have violated the conditions of your B-Card (a driver' license where use of alcohol has been restricted).   It is conducted in the same manner as the Implied Consent Hearing , except that we are seeking the reinstatement of B-Card driving privileges.

Forfeiture of Motor Vehicle and/or Property Hearing
This is conducted in the same manner as an Implied Consent or B-Card Hearing, except that you and your attorney are seeking the return of your vehicle or property.

As you can see, there are many possible court appearances that can take place during the course of any Drunk Driving case.  Hopefully this guide (and the one about the criminal process) has given you some basic understanding of what appearances you may expect as your case moves through the system.

An experienced Minnesota Criminal Defense Attorney will be able to explain or answer any question that you may have or that this guide does not fully answer.  If you need answers you can rely on - call the Rolloff Law Office today at (612) 234-1165.

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