Things you might need to know if you've been arrested for an offense like Drunk Driving. If you are interested, read on. If you're in need of a Minnesota Criminal Defense attorney - CALL or TEXT: (612) 619-0262.
Showing posts with label DAC-IPS. Show all posts
Showing posts with label DAC-IPS. Show all posts
Monday, September 7, 2015
Should You Hire a Scott County Criminal Defense Lawyer?
The Rolloff Law Office is a different kind of defense firm.
We get big city results with small town customer service. We know our clients by name, not by file number. As a Minneapolis-based criminal defense law firm, our primary goal is exceptionally serving the client at an affordable cost. Our representation ranges from crisis management, situation damage control, criminal pre-charge representation during investigatory phases, and defense representation of criminal charges in state and federal courts. Minneapolis criminal defense lawyer Christopher Keyser was named a Super Lawyer Rising Star, a Top 100 Trial Lawyer, and has a Superb rating on Avvo.com. We provide representation for every type of Minnesota criminal matter including:ArsonAssault and BatteryResidential BurglaryCriminal Sexual Conduct / Sex CrimesCriminal Vehicular OperationCriminal Vehicular HomicideDisorderly ConductDomestic AssaultDrug CrimesDWI / DUI DefenseFourth Degree DWIThird Degree DWISecond Degree DWIFelony First Degree DWICareless DrivingDWI Test RefusalExpungementFederal CrimesFeloniesFraudJail and Detox ReleaseJuvenile CrimesKidnappingMilitary DefenseMurder and HomicideProbation ViolationsShoplifting / Retail TheftSimple RobberyAggravated RobberyProstitutionSolitcitationTheftWeapons CrimesWhite Collar CrimesCriminal Defense StrategiesOur approach to fighting Minnesota criminal charges is simple but effective. We don’t bring gimmicks or tricks to court – only hard work, persistence, and aggressive advocacy. In every criminal defense case, we follow the same rules and principles:Client Consultation. We want to meet you and hear how we can help. Every criminal defense case is important, whether a misdemeanor or serious felony. We listen to your story and then educate you on both the good and bad aspects of your case under Minnesota law. We’re up front and tell it to you straight.Review the Evidence. Before any decisions can be made in your case, you need to see the evidence against you – and so do we. Any evidence we obtain from the prosecution is given to you, and any defense motions or letters drafted in your case are copied to you. We provide full transparency so you are fully informed every step of the way.Create a Criminal Defense Strategy. Should you negotiate a plea deal or go to trial? Jury trial or bench trial? This depends on the evidence against you, any criminal history you may have, and the specific facts of the case. The best defense plan may include using private investigators, obtaining expert witnesses, or consulting with other professionals to make the best decisions. Either way, we’ll explore all options.Execute the Criminal Defense Strategy. We work with our clients as a team. Together we will decide the best direction for your case and work to achieve the goals we create. If the evidence against you is strong, working with the prosecutor to obtain a reduced charge, avoid jail or prison, and minimize probation conditions may be the best plan. If the evidence against you is weak, aggressively pushing the case to trial may be the best option. Either way we have the respected relationships with prosecutors, the experience, and the reputation to win.Choosing the Right Criminal Defense AttorneyOur goal is to obtain the best possible outcome for your case, whether that means avoiding jail or prison, getting a reduced sentence, or avoiding a criminal conviction on your record. Like most law firms, we like to win and we win a lot. Every person is entitled to the best representation. We offer competitive rates and reduced fees for military veterans and servicemembers. Our criminal defense cases are handled on a flat fee basis, meaning we do not bill hourly for our services. To learn more about how we can help, call our offfice at (612) 338-5007 for a free case evaluation.
Wednesday, May 6, 2015
Minnesota Driving After Cancelation - IPS (Explained)
The Minnesota Department of Public Safety (DPS) keeps your driving record --- it contains information about driving and licensing violations in the State of Minnesota, as well as in other states. They also have the ability to withdrawn your privilege to drive by suspending, revoking or cancelling it if you are found guilty of following serious or frequent traffic violations. This is a complicated charge ... and may require some assistance from an experienced Minnesota Criminal Defense Attorney.
If you plead guilty and your license is withdrawn, DPS will send you a notice of withdrawal and a list of requirements to have your driver’s license reinstated. Here is what to expect:
Driving After Cancellation
Driving after cancellation (DAC) is one of the most commonly charged crimes in the state of Minnesota. It refers to a person that has had their driver’s license or driving privileges cancelled and been given notice of the cancellation, but disobeys the order by operating any motor vehicle while the person’s license or privilege is cancelled. It is also the most serious offense as it often relates to the driver having a number of driving while impaired violations.
Why your license may be cancelled:
- Acquire a mental or physical disability that makes you incapable of driving a motor vehicle safely;
- Do not pass a test that is legally requested by DPS to determine your ability to drive safely;
- Give false or misleading information on your license application;
- Commit a crime for which cancellation of your license is a legal punishment;
- Do not qualify for a driver’s license under Minnesota law
DAC can be charged either as a misdemeanor or a gross misdemeanor depending on the reason for the cancellation in the first place. A misdemeanor offense is punishable by up to 90 days in jail and/or a $1000 fine.
If the driving privilege was cancelled as inimical to public (DAC - IPS) safety as a result of multiple DWI convictions, the subsequent DAC will likely be charged as a gross misdemeanor.
If the DAC is charged as a gross misdemeanor you will face up to a year of jail time and a $3,000 fine per count.
Similarly, if you plead guilty to or are convicted of driving after cancellation, you automatically lose your license for at least 30 days. This is true even if you had your license valid again before entering your guilty plea to the DAC.
If you need help with a DAC-IPS charge, call the Rolloff Law Office for a FREE CONSULTATION: (612) 234-1165
Wednesday, December 17, 2014
Hennepin County Driving After Suspension (Explained)
The loss of your Minnesota Driver's License can complicate so many things ... and lead to tickets/criminal charges ... that you should know your rights.
As a Minnesota Criminal Defense Attorney, I have helped hundreds of people with this problem. Hopefully some of the information that I have offered here helps. If you need to know more, please feel free to call the Rolloff Law Office: (612) 234-1165.
Driving After Cancellation (DAC), Driving After Revocation (DAR), Driving After Suspension (DAS), and Driving After Disqualification are common additional charges that individuals can end up facing, if their driver’s licenses have been invalidated for a period of time due to a recent Drunk Driving arrest or conviction.
The Law
These offenses are governed by Minnesota Statute 171.24, which reads:
[A] person is guilty of a misdemeanor if: (1) the person’s driver’s license or driving privilege has been suspended; (2) the person has been given notice of or reasonably should know of the suspension; and (3) the person disobeys the order by operating in this state any motor vehicle, the operation of which requires a driver’s license,” while the person’s license or privilege is suspended, revoked, or canceled.
If the “person’s driver’s license or driving privilege has been canceled or denied” because “the commissioner has good cause to believe that the operation of a motor vehicle on the highways by the person would be inimical to public safety or welfare,” and “the person has been given notice of or reasonably should know of the cancellation or denial; and… the person disobeys the order by operating in this state any motor vehicle, the operation of which requires a driver’s license, while the person’s license or privilege is canceled or denied.”
Consequences
If an individual already has a conviction for one of the charges involving driving without a valid license, the penalty for a second offense is much steeper.
Minnesota Statute 168.041 subdivision 2 states,
If a person is convicted of violating a law or municipal ordinance, except a parking law or ordinance, regulating the operation of motor vehicles on the streets or highways, and the record of the person so convicted shows a previous conviction for driving after suspension or revocation of the person’s driver’s license or driving privileges, the court may direct the commissioner of public safety to suspend the driver’s license of the person for a period not exceeding one year. The court may also require the registration plates of any self-propelled motor vehicle owned by the violator or registered in the violator’s name to be surrendered to the court.
Driving without a valid driver’s license can put not only an individual’s future driving privilege in jeopardy, but can also potentially lead to license plate impoundment for the vehicle, even if the vehicle belongs to a third party. If you want to work to get your privledge back and/or keep the consequences to a minimum, call the Rolloff Law Office to set up a FREE CONSULTATION - today: (612) 234-1165
Tuesday, October 7, 2014
Minnesota Criminal Defense Attorney (Explained)
One question I get a lot ... from people who have never had to hire a lawyer specifically ... is: "How can you defend criminals?"
True ... it is probably not a surprise that many (if not most) of the people I work with are "guilty" of the crimes they are accused of. Or, at least, guilty of something. Honestly, clients often come to me with little or no hope, wondering what (if anything) can be done.
One of the first things that I tell them is that although they may be guilty of something, they may not be guilty of the specific crime they are charged with. An experienced Minnesota Criminal Defense Attorney will make sure that the crime is properly charged, and that all the applicable rules and laws are followed throughout the case.
In addition, a lawyer is often able to negotiate a favorable settlement, even in cases of clear guilt. If a lawyer is able to reduce a presumed sentence by even a month or two, the fees paid will have been well worth it. Lawyers are often able to negotiate reduced fines, reduced jail time and probation, etc.
Lawyer's Role
But what about the role of a lawyer as counselor? Those accused of crimes are often in need of something more than merely being represented in court. Sometimes the crime itself is more accurately described as the symptom of a more serious problem, such as drug addiction or mental health issues. Criminals may do bad things, but I firmly believe they are not bad people. Generally speaking, their biggest problem is what could be described as a “lack of foresight.” A lawyer can help counsel their client, advising them to address any underlying issues. This type of advice includes encouraging the client to seek treatment, find a job or start education, and to keep their life happy and stable. Depending on the client, I sometimes encourage them to seek some spiritual guidance as well.
There is a balance that must be struck, however. Those accused of crimes do not need another person to lecture them on their mistakes. Most already acknowledge that they screwed up somehow, and most are ready to make a change. It is the lawyer’s role to encourage them and assist them in making the changes they want to make. One of the very best parts about being a criminal defense attorney is that I have the privilege of finding people at the time in their lives where they are most willing to make changes for the better. Rather than focusing too much on the past, I believe it is best to focus on the future. Despite the obstacles, the future for most criminals can be very bright, especially with the right encouragement and the right counsel.
For help with a legal dilemma, please feel free to call The Rolloff Law Office for a FREE CONSULTATION: (612) 234-1165
Sunday, April 28, 2013
Minnesota Driver's License Issues (Explained)
Driving after your license has been suspended, revoked, or cancelled is a criminal offense in Minnesota. A conviction for these offenses can have not only consequences on your criminal record, but can cause further damage to the status of your driving privileges. If you have been charged with a license violation, contact an experienced Minnesota Criminal Defense Attorney that can help.
Types of License Violations
In Minnesota, your driver’s license can be either suspended, revoked, or cancelled. Suspension occurs usually when you fail to renew your license on time, fail to pay a fine or appear in court, or are convicted of certain minor traffic offenses. Revocation occurs when you commit more serious traffic violations such as DWI/DUI. Driving with a suspended or revoked license is a misdemeanor offense.
If the Minnesota Department of Public Safety (DPS) considers you a dangerous driver, they may cancel your license as inimical to public safety. Driving after receiving this cancellation is a gross misdemeanor, carrying a penalty of up to a year in jail and a $3,000 fine.
MN DPS may also put restrictions on the hours you can use or driver’s license, or may require that you not consume any alcohol or drugs. Violation of these restrictions is also a crime.
Penalities for License Violations
The consequences for being convicted of a license violation depend on the circumstances of your case, your criminal history, and your driving record. They may include the following:
- Fines
- Probation
- Jail
- Community service
- Additional license revocation
Have additional questions? Call the Rolloff Law Office for a free consultation --- (612) 234-1165.
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Wednesday, April 24, 2013
MN Driving After Cancellation - IPS (Explained)
Driving After Revocation, After Suspension and Cancellation - as Inimical to Public Safety are commonly charged crimes in Minnesota. All 3 of these crimes are commonly referred to as "driving without a [valid] license."
What happens to you in Minnesota if you plead guilty to DAR, DAS, or DAC?
A DAR or DAS is ALWAYS a misdemeanor, so the maximum penalty is 90 days in Jail and/or a $1000 fine. A DAC-IPS ticket is a Gross Misdemeanor, meaning the Maximum penalty for this charge is 1 year in Jail and/or a $3000 fine - or both. The thing you really need to worry about - in addition to possible jail and/or a fine is that if You plead guilty to, AND are convicted of, DAR, DAS OR DAC-IPS, you automatically lose your license FOR AT LEAST 30 DAYS, EVEN IF you had gotten yourself valid again by the time of your court appearance.
Unfortunately, many Prosecutors and Judge's do not tell people who are charged with DAR, DAS, or DAC-IPS that IF they are found guilty they will Lose their Driver's License AGAIN, and thereby risk more charges of Driving Without a License. To Make Matters Worse, the Court System, in an effort to save money, and supposedly to help drivers, Has made DAR and DAS "payable offenses." That means you can plead guilty by mail (or through the web) by sending in your ticket and your fine payment. When you plead guilty by mail, IT IS GUARANTEED That no one will tell you that by doing so, you are guaranteed to lose your license AGAIN. Moreover, you also lose your license if you are found guilty of No Proof of Insurance, OR No Insurance.
The best way to protect your driver's license status and keep it valid, OR get it valid, is to hire an Experienced Minnesota Driving After Cancellation Attorney today! They know various ways to resolve your case without a finding of guilt for a charge that will cause you to lose your license. Call the Rolloff Law Office to set up a free consultation --- (612) 234-1165.
Monday, November 12, 2012
Minnesota DWI Lawyer - Explained
Looking for a qualified Minnesota DWI Lawyer? There are many experienced attorneys, skilled at protecting the rights of those arrested for Drunk Driving. Without an attorney, many people almost surely face jail time, severe fines, loss of license, or some combination of those penalties for a DWI charge. By pleading guilty to a DWI, you may be forfeiting the possibility of achieving a more favorable outcome.
Many Minnesota DWI Attorneys are able to achieve reduced fines, jail time, etc., and in some cases, they are able to have the charges against your dropped. Each case depends on its own facts. Learn more today and speak with a qualified Minnesota DWI lawyer by clicking this link and filling out the form on the bottom. Your initial consultation is free!
Why Hire a Lawyer
The penalties for Minnesota DWI Lawyer are far more expensive than the cost of hiring an experienced Drunk Driving Attorney. If found guilty, you likely face: loss of license, jail time, thousands in fines, and mandatory SR22 Insurance which can cost thousands more in insurance premium!
Do not assume that you have to plead guilty because there is evidence against you
Those who plead guilty without fighting the Drunk Driving charges against them automatically submit to being a criminal, and they face jail time, or suspension or revocation of their license, or steep fines, all of the above, or some combination thereof. You may be worried that the evidence against you will be difficult to overcome – but you should know that even strong evidence may be rebutted in a court of law. Skilled Minnesota DWI Attorneys can challenge the validity of test results and the reliability of test methods that are supposed to determine whether a driver is intoxicated.
If you are concerned that your finances and freedom are on the line, then you have likely talked to someone about the penalties for a DWI in Minnesota. The fact that you are reading this website is a good sign – it takes the help of a seasoned Minnesota DWI Attorney to make a difference in the courtroom and at any other administrative hearing you may be required to attend.
Call the Rolloff Law Office today to set up a FREE consultation (612) 234-1165.
Thursday, June 14, 2012
DAC-IPS (Explained)
DAC-IPS = Driving After Cancelation - Inimical to Public Safety
In Minnesota, a driver is declared inimical to public safety often after their third DWI offense. Inimical to public safety essentially means “completely unable to control a vehicle without endangering others.” Drivers must go through a difficult and prolonged chemical dependency treatment in order to have their driving privileges reinstated. In addition, that renewed license will be subject to a B-Card restriction — meaning any use of alcohol by the driver will invalidate his or her license, even if they aren’t driving when discovered to be drinking. If there is a violation, there are subsequent rehabilitation periods that can last several years depending upon the number of DWI’s the driver has. Rehabilitation will require complete abstinence, affidavits from people who can attest to the same, and a lot of time devoted to dependency groups.
Why is the State doing this? The State has recognized that it is impossible to get people to stop drinking, even if they know they have a problem and want to stop it. So the State simply assumes that people with alcohol addiction are always driving intoxicated. The remaining option is to take away the driver’s license, or at least make it very difficult to keep while still suffering from the effects of alcohol. 1 in 7 Minnesotans has a DWI. Of the people who get a first, only 10% get a second. But of the people who get a second, 60% get a third. The State has thrown the repeat offenders into very specific grouping as a way to identify and keep track of this specific population.
Nearly every client of an experienced Minnesota Criminal Defense Attorney says the same thing — they can handle the criminal consequences of DWI, but it’s the license sanctions that are the real punishment. Try not driving for six years and see how easy it isn’t. If you have been charged with a DAC-IPS offense, there are ways to reduce the impact and potentially maintain your license — but you must talk with an attorney in order to find out if these options are available to you.
Still Confused?
If you want help with a criminal case, call the Rolloff Law Office - today - at (612) 234-1165
Monday, April 23, 2012
Driving Without a Valid MN License (Explained)
Driving After Revocation (DAR), Driving After Suspension (DAS),Driving After Cancellation (DAC), and Driving After Cancellation as Inimical to Public Safety (DAC-IPS) are common additional charges that individuals can end up facing, if their driver’s licenses have been invalidated for a period of time due to a recent Minnesota DWI conviction.
Generally speaking, these offenses are governed by Minnesota Statute 171.24, which reads in relevant part that:
[A] person is guilty of a misdemeanor if: (1) the person’s driver’s license or driving privilege has been suspended; (2) the person has been given notice of or reasonably should know of the suspension; and (3) the person disobeys the order by operating in this state any motor vehicle, the operation of which requires a driver’s license,” while the person’s license or privilege is suspended, revoked, or canceled.
Also, if a person is operating a commercial vehicle and has been disqualified from holding a commercial driver’s license in Minnesota, that person is guilty of a misdemeanor.
The statute continues to state that a person has committed a Gross Misdemeanor if that:
person’s driver’s license or driving privilege has been canceled or denied” because “the commissioner has good cause to believe that the operation of a motor vehicle on the highways by the person would be inimical to public safety or welfare,” and “the person has been given notice of or reasonably should know of the cancellation or denial; and… the person disobeys the order by operating in this state any motor vehicle, the operation of which requires a driver’s license, while the person’s license or privilege is canceled or denied.If an individual already has a conviction for one of the charges involving driving without a valid license, the penalty for a second offense is much greater. Minnesota Statute 168.041 subd. 2 asserts that:
if a person is convicted of violating a law or municipal ordinance, except a parking law or ordinance, regulating the operation of motor vehicles on the streets or highways, and the record of the person so convicted shows a previous conviction for driving after suspension or revocation of the person’s driver’s license or driving privileges, the court may direct the commissioner of public safety to suspend the driver’s license of the person for a period not exceeding one year. The court may also require the registration plates of any self-propelled motor vehicle owned by the violator or registered in the violator’s name to be surrendered to the court.
Driving without a valid driver’s license can put not only an individual’s future driving privilege in jeopardy, but can also potentially lead to license plate impoundment for the vehicle, even if the vehicle belongs to someone else.
What Should You Do
Believe it or not, most prosecutors and judges believe that a person should have a valid license to drive. So if you find yourself facing a charge such as this, my suggestion to you is to get an experienced Minnesota Criminal Defense Attorney on-board ASAP. Deals can be made - and the consequences you face do not have to be the most dire. Don't believe me, call the Rolloff Law Office at (612) 234-1165 and learn how you can preserve your license - even when all fees lost.
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