How to Pass Field Sobriety Tests?

As an experienced Minnesota Criminal Defense Attorney, I am frequently asked questions about Drunk Driving.  A lot of people want to know:

How to pass the field sobriety tests that the officer gives - to determine if you are intoxicated.   Sadly --- here’s the secret: literally nobody who takes field sobriety tests ever passes.

Why?


Here's the reality of this situation: The officer administering the tests makes marks on a score sheet every time he observes something the officer wants to note. Each mark is more proof to support probable cause. No particular number of marks indicates a fail. Instead, each and every mark indicates one (or one more) indication of impairment. Then those marks, whether one or twenty, are included among other factors in a “totality of the circumstances” assessment of whether the officer had probable cause to arrest you.

Minnesota courts have held that even one of many ephemeral and subjective “clues” is enough to arrest, including “bloodshot, watery eyes,” “the odor of consumed alcoholic beverages,” or “an uncooperative attitude.” The rest is just more “evidence” to make the determination of probable cause stand up in court. Once you agree to step out of the car, the officer will note that you used the door or door frame to steady yourself (because nobody plants their feet and stands up without grabbing something). Anything you do from that point on, a walk-and-turn test, an eye test (Horizontal Gaze Nystagmus), or a one-leg stand, will simply add marks to support the probable cause finding.

Here’s the Secret

Don’t take them. You don’t have to stand on one leg, follow a pen-light with your eyes, or walk an imaginary line. You don’t have to blow in the PBT, the roadside breath test, although it is a crime, usually, to refuse the breath test at the police station. And you are not going to perform your way out of an arrest.

Feel free to call and set up a No-Cost Consultation - NOW - if you have questions for The Rolloff Law Office: (612) 234-1165

Minnesota Criminal Defense Questions (Answered)

As an expereinced Minnesota Criminal Defense Attorney I get questions - lots and lots of questions.  Here are some of the most common ones.

How do I choose an attorney?

When you are facing criminal charges, the quality and commitment of your defense attorney is a crucial issue. Will the attorney take the time to focus on your case? Will you be "just another number"? At The Rolloff Law Office, we provide personal legal services on a one-on-one basis, and our results-oriented approach to defending charges and our reasonable rates can allow you to have the quality defender you need, as well as the personal attention to your case that is actually necessary if you are hoping to avoid a conviction.

Will I go to jail for a Minnesota DWI charge?

Any DWI offense carries the potential of jail time. Under Minnesota Statues, chapter 169A, even a first time DWI conviction can mean up to 90 days in jail and a fine of $1,000. This is in a simple DWI offense, without any aggravating factors or a breath test refusal. If you have a prior conviction of DWI within the last 10 years, including a test refusal or other aggravating factor, you could face third degree charges, which are punishable by up to 1 year in jail as well as a fine of $3,000. Felony DWI charges, when convicted can lead to up to 7 years in prison and a $14,000 fine. These cases involve 3 prior convictions, or one prior felony DWI conviction. Any DWI or DUI charge is serious and should be aggressively defended.

What if I discover I am under investigation for a violent crime?

If you are under investigation and not yet arrested, you can assume that an arrest will take place in the near future. It is crucial that you exercise your right to remain silent and do not engage in any interviews with law enforcement or other investigatory units without first retaining the services of an attorney. Protecting your rights in any questions can be a pivotal factor in defending against the charges when they are filed.

What criminal charges does your office defend?

The Rolloff Law Office is committed to providing an aggressive defense against all types of criminal charges, from any Drunk Driving arrest, through to probation violations or charges of Assault, Drug Charges, Disorderly Conduct to any manner of Theft crimes --- from Misdemeanors to Felonys.  Expereince criminal defense representation unlike any youve ever known before - that's a promise.  Call today: (612) 234-1165.

Minnesota Traffic Tickets & Insurance (Explained)

The number one reason I hear - over and over again - when it comes to people seeking assistance with Minnesota Traffic Tickets is because they don't want it to impact their insurance premiums. 

Well, believe it or not ... your insurance company is thinking the same thing --- if a recent call I had with an insurance agent is any indication. 

The Call

I often tell individuals I've heard it all - and time after time I'm surprised.  The same goes for this recent call --- an insurance agent wanting to talk with a Minnesota Criminal Defense Attorney to help their clients to get out of their speeding tickets?

Here's what I learned ... the philosophy that this company takes toward their clients is truly one of partnership. People are required to have car insurance to drive, but this particular company doesn't feel like it is responsible to hold it's clients hostage for a minor traffic ticket, nor do they feel like it's good business to encourage their clients to hide their driving from them in hopes of keeping their premiums lower.This company, which specializes in low risk drivers, has found that their customers are more satisfied with their service and actually drive better knowing they can turn to their insurer if anything should happen.

After the Call

This whole interaction got me to thinking about what, exactly, a car insurance company should do for you. Are they in the business just to make money off of your premiums and then make it as difficult as possible for you if you ever get into an accident? Or, are they a trusted part of your team trusted to help you if and when the need arises? And, if it's the latter, is the best way to create that relationship by encouraging an open dialogue with the client?

Should You Tell Your Insurance Company About Your Traffic Ticket?

One thing I learned from this call was that not everyone should tell their insurance company about their speeding ticket. Some companies are required, as part of their policy, to flag your account for that. Most of those companies are nationally known (I don't know which ones specifically do that, I just know that some do). By calling them, you are setting yourself up for higher premiums, even after you hire a traffic attorney to beat your ticket.

All of the above being said, there is a lesson to be learned for all of us. The company I met with is locally owned and operated. They don't have thousands and thousands of employees. They aren't publicly traded. Making money is important to them, but it's not the only thing. There's something to be said for that. Remember that when you're looking around for help. Test out the local options. You might pay slightly more, but what you get in return could be well worth the price.

What Next?

This isn't an insurance company and I don't talk to your insurance companies about my client traffic tickets. But, like this insurance company, I value my relationships with them and I want to keep in touch with everyone of them during those times they need me - and when they don't.  If you want to know that your attorney has your best interest at heart - when your case is going on and after --- then call the Rolloff Law Office today - (612) 234-1165. And, if you need a kick-ass Minnesota Traffic Lawyer, call me --- I'll do whatever I can to beat your traffic ticket, saving you money on the fine and increased insurance premiums.

DYK: April 21 is Distracted Driving Enforcement Day?

If you've heard it once - you've heard it a thousand time - Distracted Driving is as bad as (if not worse than) Drunk Driving. As such, a concerted effort is underway today in the State of Minnesota to bring attention and awareness to the dangers of distracted driving - where by some counts, almost 70 deaths and 350 injuries can be directly attributed.  

Following a tragic accident in St. Louis Park, where a motorcyclist was nearly killed recently, this heightened patrol could not be more timely. So, how can you prepare yourself - and avoid a ticket?

What to Know

Generally speaking, the police are seeking to address four categories of distraction:

• Visual - looking away from the road;
• Physical - taking hands off the wheel to use a cell phone or adjusting radio/music device;
• Cognitive - being “lost in thought” or focusing on a conversation, which results in less situational awareness;
• Combination of the above - reading a map or texting while driving.

Some Suggestions

• Cell phones — turn them off or place them out of reach so you're not tempted to dial or answer. If a passenger is present, ask them to handle calls/texts.
• Music and other controls — pre-program favorite radio stations for easy access and arrange music (mp3 player/CDs/tapes) in an easy-to-access spot. Adjust mirrors and heat/AC before traveling, or ask a passenger for help.
• Navigation — designate a passenger to serve as a co-pilot to help with directions. If driving alone, map out destinations in advance, and pull over to study a map.
• Eating and drinking — if you cannot avoid food/beverage, at least avoid messy foods, and be sure food and drinks are secured.
• Children — teach children the importance of good behavior in a vehicle; do not underestimate how distracting it can be to tend to children while driving.
• If you’re a passenger, speak up to stop drivers from distracted driving behavior.

Exceptions

Understand that although distractions are aplenty when you're behind the wheel, there are instances where even the most this behavior is allowed.  Specifically, the law does not prohibit, use of a wireless communications device that is used solely in a voice-activated or other hands-free mode when making a call and/or otherwise when trying to seek emergency assistance to report a traffic accident, medical emergency, or serious traffic hazard, or to prevent a crime about to be committed. 

What To Do if You Get a Ticket

If you've been charged with a Distracted Driving-type offense- you really owe it to yourself to know your rights. One way to do that - contact an experienced Minnesota Criminal Defense Attorney. The sooner you make that call, the better your defense will be.

Common DWI-Drunk Driving Questions. Part I

As a Minnesota DWI Attorney, I get questions - lots and lots of questions. Some have rather specific answers - such as: "Will my driver's license be suspended - for how long?" Others, like: "What do the cops look for when searching for Drunk Drivers?" are a little less well-defined and often open to some kind of interpretation.

Here are some of the questions that I've been asked:

#1 - Why me?

Often this is the one of the first questions people ask when they're pulled over and arrested for DWI --- Why me? This is especially true if that person only had a few drinks or was not "driving drunk." 

The truth is - there is no rhyme or reason for why. Believe it or not, in the State of Minnesota, you can be arrested for DWI even when you don't intend to drive drunk. All the government generally looks for is whether there was alcohol in your system, at the time that you were driving, and did the amount of it exceed the legal limit.  If it did - you can be arrested.

Therefore, as much the people I've spoke to want to know "why" - I have to tell them that the best course of action is not to dwell so much on the "how come" but rather to begin to focus on the "what now." Because, an arrest for Drunk Driving does not always mean that he or she will be convicted of DWI.

More often than not, the people I've met with have never been in trouble with the law before. Sure, maybe they've picked up a speeding ticket or two - but they've never been involved with something that require them to go to court and to have to interact with attorneys and judges.  If you have been stopped and arrested for Drunk Driving it is important that you speak to an experienced Minnesota DWI Lawyer about your case.

#2 Why am I being charged with TWO Drunk Driving offenses? 

The traditional DWI offense is "driving while intoxicated" and it is concerned not so much with how much alcohol was in your system at the time of driving- but rather did that alcohol (usually ANY amount) influence and/or impaired your ability to drive. In Minnesota there is also a second, so-called "per se" offense that you can also be charged with. It concerns it self with the concentration of alcohol in your blood - if it is .08 or greater then you can be sited under this provision of the statute.

More often than not BOTH offenses are charged and you can be convicted of both - but you can only be punished for  one of them. If your case involves a Refusal to Test charge then only the traditional offense will be charged.

#3 - What is the punishment for Drunk Driving? 

The criminal consequences you could face will vary - depending on the particular circumstances of your case and where you were stopped and arrested. Generally speaking - first time offenders are looking at a sentence of 90 days in jail and a fine of $1000. Now, don't freak out - nearly (if not all) of the jail sentence will be "stayed" (ie., hung over your head) as will a large portion of the fine. Often this is done to ensure that you comply with the Courts other conditions which can include that you: undergo a Chemical Dependency Evaluation, attend a M.A.D.D. Victim-Impact Panel, and that you remain law abiding during the term of your probation.   

For a second offense, in addition to the conditions listed above - you will also most likely face some time in jail. In addition, you could have your vehicle and/or your license plates taken away.

#4 - What Will Happen to My Driver's License?

When you are charged with a first-time, misdemeanor DWI, you will receive a temporary license allowing you to drive for 7 days. After a 15 day period without any driving privileges (22 days after being charged with DWI,) you will be eligible to get a limited driver's license. Subsequent or more serious DWI offenses, may lead to longer suspensions and/or the revocation of your privilege to drive.
 
Although this is by no means a comprehensive list of the questions that I've been asked, these are some of the consequences that you need to be aware of and consider. 

If you've been arrested for DWI, your first, best defense should be to call an experienced Minnesota DWI Attorney and have him or her address you rights, your questions and your concerns.