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 beat case. Show all posts
Showing posts with label beat case. Show all posts
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, May 21, 2012
What to Expect From Your MN DWI Attorney (Explained)
If you find yourself at the mercy of the criminal justice system, charged with Drunk Driving, you probably already know you are in some pretty serious trouble. It’s not just the (all too often) mandatory jail that should scare you, but the mandatory fines and fees (typically approaching $1500) and the loss of driving privileges (up to 90 day driver’s license suspension on a first-time (misdemeanor) offense) that really adds insult to injury. If you find yourself charged with a Minnesota DWI you need to get a great Minnesota Criminal Defense Attorney – but what should you expect from them? Hopefully after you read this post you’ll have a better idea of what we can do for you.
A Minnesota Drunk Driving Lawyer is Not a Miracle Worker
If you are hiring The Rolloff Law Office (or any --- ANY --- lawyer) to come in and represent you on your Drunk Driving arrest and you’re expecting to walk away, and you’re going to be disappointed if you don’t, you are setting yourself up for disappointment. I hate to say that, but it’s impossible to guarantee a victory when you are charged with a DWI. There are bunch of reasons why, but the first and foremost reason is that the deck is stacked against us from the get go.
Any experienced Minnesota DWI Lawyer that you talk to that tells you he’s won more cases than he has lost is either lying to you or he hasn’t had that many cases. These things are hard to win. The laws are set up against you. If you want a great outcome, you’ve got to be willing to fight.
Your DWI Lawyer Should Fight Hard for You
If I would ever find myself charged with a Minnesota DWI (and trust me when I say one never knows when something like this could happen – even if you’ve had nothing to drink) there is one thing I would want to from my lawyer – when the case is over, I want to feel like we gave it everything we had, that we tried our best to win.
Fighting a Minnesota Drunk Driving arrest is a lot like playing a game of basketball against a team that is allowed to play with 7 players to your 5 and has the rules set up so that every time you try anything it’s a foul and any time the other team throws up a shot it goes in the basket. Those are the kind of odds we’re facing. The only way to win in a situation like that is to put your head down and outwork and out hustle the other team. Having that kind of advantage makes you lazy and prone to mistakes. By fighting hard you can create and take advantage of some of those mistakes.
(Maybe you're asking how I know these things - well --- if you've read my bio you know that I cut my teeth on the other side of the aisle. Yes --- you go with me, and you're hiring a Minnesota Criminal Defense Attorney who learned the game from the inside - as a former prosecutor.)
Who You Going to Call?
If you or someone you love needs help with a legal issue - like a Minnesota DWI - if you work with the Rolloff Law Office you'll be guaranteed unparalleled access to us, unparallelled effort, and unparalleled excellence. We fight the good fight. We go down swinging. We leave everything on the floor. If you need a Minnesota DWI attorney, please give us a call: (612) 234-1165
Tuesday, May 15, 2012
Minnesota Driving While Texting (Explained)
One of the most disturbing things about being a Minnesota Criminal Defense Attorney is seeing people charged with crimes when all they've really done is fail to use a turn signal, or speed - when there are other idiots out there driving like maniacs, distracted by other things that are equally or even more dangerous than Drunk Driving.
After Sunday's expose in the StarTribune (link to article) about the perils of driving while Texting, I got to thinking about what other "distracted driving" issue were out there.
What is Distracted Driving?
Would you believe that eating food while at the wheel of a vehicle could be more dangerous than drinking or texting while driving? According to a study by the University of Leeds called “Two Hands Better than One,” this is exactly what researchers found based on observation of test subjects operating driving simulators.
The UK researchers measured reaction time while drivers negotiated virtual vehicles, and as it turns out, eating increased response times by 44 percent. In contrast, texting increased reaction time by 37 percent, and drinking a non-alcoholic beverage from a can or bottle increased reaction time by 22 percent.
And what about the one driving no-no that that nearly everyone agrees is undesirable – drinking alcohol and operating a vehicle? Drivers asked to operate the simulator who were at the U.S. “legal limit” of .08 percent blood alcohol content increased reaction time by 12.5 percent…
Common sense dictates that drivers can compound their chances for an accident if they do not self-govern and recognize their limits. And as the study indicates, a distraction can come in several forms – even ones that have been considered benign…
Much more could be said about this subject which the U.S. Department of Transportation has been up in arms about in recent years, labeling distracted driving an “epidemic.”
Now, I get it that Drunk Driving is dangerous. I'm not advocating that people do that. But what are our options when it comes to these other areas of distracted driving?
At the end of the day, nothing will come of it. The reason? There are no special interest groups formed by empathetic groups to lobby Congress to change all the rules. Not until someone is killed by someone texting or someone eating will someone stand up for harsher penalties - and even that won't change things (that's my guess - too many "upstanding" people would become criminals, much like the criminalization of Drunk Driving has done).
In the State of Washington texting while driving is a $124 ticket, and it doesn't even count as a moving violation. Talking on a cell phone is the same way. Eating while driving isn't illegal at all. Yet all of these activities are more dangerous than driving with a blood alcohol level above .08.
If you have questions about ANY legal dilemma - call the Rolloff Law Office today at (612) 234-1165.
Friday, December 23, 2011
Minnesota Attorney Fees (Explained)
As I've set forth in a number of different posts here and on my website, although costs should be chief among an individual's considerations when deciding who to go with when picking a Minnesota Criminal Defense Attorney - it should NEVER be #1.
I get it - no one wants to pay too much, or any more than they have to, for anything. And, it's no different when it comes to legal fees. Granted, my fees might be more than what some Minnesota Criminal Defense Attorneys charge - but you'll also find that they're less than some others. Yet there are still really two competing bookends to this scenario.
Many people are absolute "bargain hunters," intent on finding the lowest price on anything, regardless of quality, while others cannot help thinking that the more you pay for something, the better it must be. Most often, however, the very best "deal" lies in the middle.
As I asserted before, looking for a lawyer on a "low-bidder" basis is probably the worst way to find quality representation. This is because there is simply no way to not cut corners when offering a discount price.
On the opposite side of the coin, paying an arm & a leg all too often means getting "soaked." Anyone can request every document under the sun from the government and work the daylights out of a file, but whether or not that is necessary, or even advisable, is another thing altogether.
Example
Imagine a pipe leak in your basement:
One contractor may propose excavating all the soil around that wall in order to "get a good look" at the problem. This may cost thousands of dollars, but that certainly will do it.
Another contractor may simply show up and, for $150, slap some waterproof paint over the spot. That may very well stop the leak for a while.
Yet a third contractor may show up, trace the leak, and know, right out of the gate, that the right repair is to pump an epoxy sealant into the crack, fixing and sealing it forever. His fix will cost about $350.
The cheapest "deal" turns out not to be any kind of "deal" at all. The most expensive is downright wasteful, while the middle ground approach turns out to be the best bang for the buck.
Hiring a Minnesota Criminal Defense Attorney isn't really much different. The primary question becomes how much work is necessary - something that can vary from case to case.
A good attorney will always engage in a factual investigation once he takes on a case.
A bargain lawyer simply cannot afford to do that and expect to turn a profit, so they'll simply sign the client up for a quick plea deal.
The overpriced lawyers will often spin a large story about all the things that "could" be wrong with the case. (To be fair, these guys will rarely charge an exorbitant fee and simply rush in and quickly take a plea. They'll spend the time and effort and get enough records to choke a horse. The problem is that, all too often, this is a complete waste of time and money.)
Going back to the leaky basement wall, the most expensive contractor could tell the homeowner that they'll inspect the entire foundation of the home and dig up all the soil around all the basement walls, but in the end, in most cases, they'll wind up injecting the same epoxy into the crack that the middle guy would, except they'll wind up doing that after they've done several other thousand dollars worth of unnecessary and wasted work.
What Should You Do?
First, avoid the low-bidders. They bring nothing to the table but a waste of money. No self-respecting Minnesota Criminal Defense Attorney who thinks enough of his skills markets themselves on a bargain basis. I certainly don't. If they don't think enough of themselves to compete in the big leagues, it's not likely that any prosecutors or judges do, either. They build a practice upon moving cases in and out as quickly as possible, and their income is based on doing as little as possible in as many cases as possible. That's no way to have something as important as your criminal case handled.
Instead, a person should look for an attorney who will charge a fee that will include doing the necessary background work and investigation to make sure the crime charged is legally sound, and, if not, will then have a built-in structure to charge for the work necessary to intelligently challenge weak evidence.
Some cases are rather obviously solid. Say, when a Drunk Driver crashes into another car, and the cops arrive at the scene to find one of the drivers behind the wheel and obviously under the influence, it is highly unlikely that any judge will be tossing that case out. You can spend any amount and subpoena everything right down to the arresting officer's kindergarten school records, but such effort is not likely to result in the case being dismissed.
Other cases almost scream: FIGHT! Say, when a driver is pulled over for suspicion of DWI, and no breath or blood test is given, there is no actual evidence of intoxication. Taking a plea in such a case is simply selling out the client.
---
As a former prosecutor, if I sense that your case seems to have the hallmarks of being sound enough to not get tossed out, which really accounts for most cases, I'll begin the preparation process at our first meeting. I'll introduce you to the alcohol assessment process, and we'll get our first crack at learning how to perform as well as possible on it. Ideally, we'll make you a very appealing candidate for leniency - to earn you the best possible outcome for your case.
---
Hiring a lawyer means paying a lawyer. Pay too little, and you'll get too little. Pay too much, and you've just wasted your hard earned money. A good lawyer, or even a bargain lawyer, will cost more than a new refrigerator or TV set. Most people will spend some time and research such a purchase before handing over their money. It only makes sense to put in at least as much effort in finding the right lawyer to handle your case as it does in buying a new appliance.
In the end, about the best advice a person can follow in this situation is to "spend wisely." Who can argue with that?
I get it - no one wants to pay too much, or any more than they have to, for anything. And, it's no different when it comes to legal fees. Granted, my fees might be more than what some Minnesota Criminal Defense Attorneys charge - but you'll also find that they're less than some others. Yet there are still really two competing bookends to this scenario.
Many people are absolute "bargain hunters," intent on finding the lowest price on anything, regardless of quality, while others cannot help thinking that the more you pay for something, the better it must be. Most often, however, the very best "deal" lies in the middle.
As I asserted before, looking for a lawyer on a "low-bidder" basis is probably the worst way to find quality representation. This is because there is simply no way to not cut corners when offering a discount price.
On the opposite side of the coin, paying an arm & a leg all too often means getting "soaked." Anyone can request every document under the sun from the government and work the daylights out of a file, but whether or not that is necessary, or even advisable, is another thing altogether.
Example
Imagine a pipe leak in your basement:
One contractor may propose excavating all the soil around that wall in order to "get a good look" at the problem. This may cost thousands of dollars, but that certainly will do it.
Another contractor may simply show up and, for $150, slap some waterproof paint over the spot. That may very well stop the leak for a while.
Yet a third contractor may show up, trace the leak, and know, right out of the gate, that the right repair is to pump an epoxy sealant into the crack, fixing and sealing it forever. His fix will cost about $350.
The cheapest "deal" turns out not to be any kind of "deal" at all. The most expensive is downright wasteful, while the middle ground approach turns out to be the best bang for the buck.
Hiring a Minnesota Criminal Defense Attorney isn't really much different. The primary question becomes how much work is necessary - something that can vary from case to case.
A good attorney will always engage in a factual investigation once he takes on a case.
A bargain lawyer simply cannot afford to do that and expect to turn a profit, so they'll simply sign the client up for a quick plea deal.
The overpriced lawyers will often spin a large story about all the things that "could" be wrong with the case. (To be fair, these guys will rarely charge an exorbitant fee and simply rush in and quickly take a plea. They'll spend the time and effort and get enough records to choke a horse. The problem is that, all too often, this is a complete waste of time and money.)
Going back to the leaky basement wall, the most expensive contractor could tell the homeowner that they'll inspect the entire foundation of the home and dig up all the soil around all the basement walls, but in the end, in most cases, they'll wind up injecting the same epoxy into the crack that the middle guy would, except they'll wind up doing that after they've done several other thousand dollars worth of unnecessary and wasted work.
What Should You Do?
First, avoid the low-bidders. They bring nothing to the table but a waste of money. No self-respecting Minnesota Criminal Defense Attorney who thinks enough of his skills markets themselves on a bargain basis. I certainly don't. If they don't think enough of themselves to compete in the big leagues, it's not likely that any prosecutors or judges do, either. They build a practice upon moving cases in and out as quickly as possible, and their income is based on doing as little as possible in as many cases as possible. That's no way to have something as important as your criminal case handled.
Instead, a person should look for an attorney who will charge a fee that will include doing the necessary background work and investigation to make sure the crime charged is legally sound, and, if not, will then have a built-in structure to charge for the work necessary to intelligently challenge weak evidence.
Some cases are rather obviously solid. Say, when a Drunk Driver crashes into another car, and the cops arrive at the scene to find one of the drivers behind the wheel and obviously under the influence, it is highly unlikely that any judge will be tossing that case out. You can spend any amount and subpoena everything right down to the arresting officer's kindergarten school records, but such effort is not likely to result in the case being dismissed.
Other cases almost scream: FIGHT! Say, when a driver is pulled over for suspicion of DWI, and no breath or blood test is given, there is no actual evidence of intoxication. Taking a plea in such a case is simply selling out the client.
---
As a former prosecutor, if I sense that your case seems to have the hallmarks of being sound enough to not get tossed out, which really accounts for most cases, I'll begin the preparation process at our first meeting. I'll introduce you to the alcohol assessment process, and we'll get our first crack at learning how to perform as well as possible on it. Ideally, we'll make you a very appealing candidate for leniency - to earn you the best possible outcome for your case.
---
Hiring a lawyer means paying a lawyer. Pay too little, and you'll get too little. Pay too much, and you've just wasted your hard earned money. A good lawyer, or even a bargain lawyer, will cost more than a new refrigerator or TV set. Most people will spend some time and research such a purchase before handing over their money. It only makes sense to put in at least as much effort in finding the right lawyer to handle your case as it does in buying a new appliance.
In the end, about the best advice a person can follow in this situation is to "spend wisely." Who can argue with that?
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