MN Marijuana in a Motor Vehicle Charge

As a Minnesota Traffic Ticket Attorney, I handle a lot of  moving violation cases.  What you need to know --- depending on the nature of the conviction that you could face ... not only might you have to pay a fine.  You could also lose your driver's license  One charge/conviction that leads to this outcome: a conviction for possession Marijuana in a Motor Vehicle.   

Under Minnesota Law, if you are convicted of possession of Marijuana in a Motor Vehicle, you will lose your driver's license and you could end up with a misdemeanor on your permanent driving/criminal record. 

This conviction, not only could effect your motor vehicle insurance rates --- it could also have an effect on future job seeking ambitions b/c prospective employers and insurance companies alike will be able to find the conviction with a simple background check.

Minn. Stat. §152.027, subd. 3 explains that:

A person is guilty of a misdemeanor if the person is the owner of a private motor vehicle, or is the driver of the motor vehicle if the owner is not present, and possesses on the person, or knowingly keeps or allows to be kept within the area of the vehicle normally occupied by the driver or passengers, more than 1.4 grams of marijuana. This area of the vehicle does not include the trunk of the motor vehicle if the vehicle is equipped with a trunk, or another area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility or glove compartment is deemed to be within the area occupied by the driver and passengers.

Even though a matter may seem insignificant, it is important to speak to an experienced attorney to find out any unforeseen collateral consequences that could stem from certain moving violations.  Call The Rolloff Law Office to set up a FREE CONSULTATION: (612) 234-1165

Minnesota Juvenile Drinking and Driving (Explained)

In the State of Minnesota, the laws for Juvenile Drunk Driving differ from those for adults --- and all too often, the accused will not simply receive a slap on the wrist. 

Frankly, because these persons are still in the beginnings of their driving lives, courts - hoping to deter future offenses - often will come down hard.  This is why it is important to talk to an experienced Minnesota Juvenile Criminal Defense Lawyer. 

Minnesota’s Not a Drop Alcohol Law

Furthermore, for minors that have a higher blood alcohol content than just a trace, they will find that they face higher punishments. So those above the limit of .08 will have a higher punishment than someone with .02 and those with a blood alcohol content of .16 will face even greater punishments than that.

When it comes to minors and alcohol, there two primary laws that dictate what punishments they will face. While the zero tolerance policy of the state of Minnesota dictates they will be punished, these laws dictate what those punishments will be.

This law specifically targets juveniles that are below the age of 18 who get behind the wheel while under the influence. Punishments for violations of Vanessa’s Law include:

• They cannot obtain a license or learner’s permit until age 18
• Must pay up to $680 in order to receive the license
• Juvenile DWI drivers may also face extra punishments depending on the nature of the incident and blood alcohol content depending on the judge’s discretion.

If your child is still a minor, then the Not a Drop Law does not specifically pertain to them. This law advises punishments on those who are above 18 years of age, but below the legal drinking age of 21 years old. Punishments for violating the Not a Drop Law include:

• Revocation of driver’s license for up to 30 days or more
• Replacement with a limited or temporary license that has provisions to prevent further DWI incidents.
• Additional punishments may be added depending on the nature of the incident and the blood alcohol content at the judge’s discretion.

If you are in the Minneapolis area and need representation for an underage DWI or even for a DWI for those above the age of 21 years old, contact the Rolloff Law Office to see what we can do for you.  Call today: (612) 234-1165.

Scott County DWI Lawyer

If you have been charged with DWI in Scott County, take sometime to look at the following information and do not hesitate to seek immediate assistance from an experienced Minnesota Criminal Defense Attorney.

How intoxicated does someone have to be before they can be convicted of driving under the influence?

In the State of Minnesota, any blood alcohol level ("BAC") of .08 or higher could subject you to conviction. However, your driving skills are affected from the first drink of alcohol 0 ie., "buzzed" driving. Your ability to pay attention, react, see clearly, maintain coordination, and make good choices are impaired with each drink.

How many drinks can I have before being over .08?
Honestly, it is not the number of drinks alone that determines how high your blood alcohol levels are. Rather ... it’s more important to focus on how much total alcohol you have consumed over a certain period of time. 

Do I have to take a blood, breath, or urine test if asked to do so by the police?

The answer is almost always “yes” because refusing to do so could subject you to a more serious charge, that is easier to prove: Refusing to Test.  If you don't agree to take the test when you are stopped, your license may be revoked for at least a year.

I tested under the legal limit and I’m still charged with DWI, is that allowed?

Sadly, the answer is “yes”. A person can be charged and convicted even if their blood alcohol concentration is below the legal limit if their driving conduct establishes that the he is “under the influence” of alcohol.

Should I hire a Lawyer?

Believe it or not, this is the number one question I get.  To it, I usually say: If you are convicted of Minnesota DWI you could face harsh fines, license revocation penalties, jail time, and more. Because of these consequences, you might be making a big mistake if you took your situation too lightly! Get FREE ANSWERS today from an experienced Minnesota DWI Lawyer (and former prosecutor) Call The Rolloff Law Office at (612) 234-1165.  

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.