Minnesota DWIs (Explained)

A DWI or DUI is, for many people, their first and only encounter with the criminal justice system. Believe it --- even for a first offense - the stakes are high in every drunk driving case, and it's not just because of the threat of jail time or harsh fines. In the State of Minnesota, your driver's license will likely be revoked after a DWI arrest, severely limiting your mobility. This can spill over into every aspect of your life, from employment to relationships with friends and family. Under certain circumstances, the state may even take your vehicle. An experienced Minnesota DWI Attorney can provide you with aggressive representation.  Believe it or not, I get lots of questions about Drunk Driving consequences --- here are some insights.  

Driver's License Revocation

If you have been arrested for a DWI --- you have to act fast.  You only have 30 days from the Notice of Revocation to challenge the loss of your driver's license. This is called an Implied Consent Hearing and is a separate case from your criminal DWI case. If this is your first DWI, your driver's license is suspended for up to 90 days if your test result was between .08 and .15. If this is your first DWI and the test result was greater than .16, or you refused the blood, breath or urine test, your license will be suspended for 1 year. If you have a prior DWI within 10 years, or there are other aggravating factors, your driver's license may be suspended even longer. Depending on the circumstances, you may be eligible for a limited driver's license (work permit) or full driving privileges with the Ignition Interlock. 

Penalties
If this is your first DWI and the test result was greater than .08 and lower than .20, it is usually charged as a misdemeanor. This is a crime punishable by up to 90 days in jail and a $1,000 fine. A gross misdemeanor would be charged if this is your second offense within 10 years and is punishable by up to one year in jail and a $3,000 fine. The minimum sentence under the law for this case is 30 days in jail. A gross misdemeanor can also be charged if your test result was greater than .20 or if you refused the test. If this is your third offense within 10 years, although this is still a gross misdemeanor, it has a minimum sentence of at least 90 days in jail. A fourth offense in 10 years is a felony and has a maximum penalty of seven years and a $14,000 fine with a minimum sentence of 180 days.

Whether this is your first DWI charge or you have received a prior conviction, it is extremely important to contact an experienced qualified Minnesota Criminal Defense Attorney as soon as possible. You should also know that a DWI is an enhanceable offense, meaning that the penalties increase exponentially for subsequent arrests of a same or similar nature.

The penalties are harsh enough after a first offense, but if you have a prior DWI or DUI conviction within 10 years, you could be facing a mandatory jail sentence. At the Rolloff Law Office, we treat every case as if our clients' lives depend on it. Contact a qualified DUI attorney for a free consultation. We will give you an honest and realistic assessment of your case and help you decide how to proceed.

We provide aggressive representation for the following DUI and DWI defense issues:

Felony DUI/DWI
Aggravated DWI/DUI
Vehicle forfeiture
Snowmobiling while intoxicated
Boating under the influence
Implied consent hearing (license revocation)

And, I offer free Consultations.  Call today: (612) 234-1165.  

What Does an Minnesota Attorney Really Do For You?

To many of you, it probably comes as no surprise that many (if not most) of the people I meet with --- individuals accused of crimes --- are in fact guilty or something.  All too often, clients 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 and agressive 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 lick-ass lawyer is often able to negotiate a favorable settlement deal, 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 --- think of it as an investment in your future. Also, good Minnesota Criminal Defense Lawyers are often able to negotiate reduced fines, reduced jail time and probation, etc.

Lawyer as Counsler

In addition to what we most think of when we think about a lawyer -- an attorney can also serve as a counselor.  See, 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 decent criminal defense 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.

I'm a former prosecutor --- and I've been prosecuted myself - let's just say: I know what you're going through if you find yourself facing criminal charges and trips to court.  Call the Rolloff Law Office to set up a FREE CONSULTATION --- (612) 234-1165.   

Minnesota DWI Arrest (What Should You Do?)

As a Minnesota Criminal Defense Lawyer --- the cases I get the most questions about (and the number of cases I work on most are Drunk Driving charges --- combine that with my experience as a former prosecutor and you can be assured I know a little something about this dilemmas.  Here are some answers to the most common questions:

WHAT TO DO IF STOPPED BY THE POLICE FOR A MINNESOTA DWI?

1. BE POLITE (The officer is the Judge at the side of the road;)
2. DO NOT SUBMIT TO ANY FIELD SOBRIETY TESTS, INCLUDING A HAND-HELD PBT;
3. SUBMIT TO A BREATH CHEMICAL TEST (A REFUSAL TO SUBMIT WILL LEAD TO A WHOLE NUTHER CHARGE;)  
4. NEVER SPECIFY AN AMOUNT OF ALCOHOL THAT YOU HAVE CONSUMED.

IF YOU HAVE BEEN ARRESTED - WHAT THEN?

You next best move is to call the Rolloff Law Office - at (612) 234-1165.  The sooner you get a lawyer on board, the better your chances to earn the best possible outcome for your case.  

Why Hire a DWI Lawyer? (Explained)

If you have been charged with a Drunk Driving --- you should seriously consider hiring an experienced Minnesota Criminal Defense Attorney --- or at the very least talking to one about your rights.  My reason for suggesting this is not just because I am an attorney.  Here are some ways an attorney can help with your case --- and your future!

Pleading guilty can actually cost a lot more than hiring a Minnesota DWI Lawyer.

Believe it or not, there are many long term consequences to pleading guilty to a Drunk Driving --- that aren't immediately made know to you by the prosecutor or the judge --- including potentially having to tell to every potential employer for the rest of your life that you were convicted of a serious crime, having to pay increased insurance premiums and being excluded from international travel.

Honestly, do you really know what all of the consequences are that you may face in your future? If you don’t, you should consult with an experienced Minnesota DWI Lawyer so that you can make an informed decision regarding your case.

Hiring an experienced Minnesota Drunk Driving Lawyer is an investment in your future.

The prosecutor does this for a living – prosecutes criminal cases. You can rest assured they know the issues in a DWI case, that they have read the case against you, and that they are prepared to argue aggressively for a conviction. That’s their job. Shouldn’t you have someone just as prepared – if not more so – ready to argue aggressively on your behalf, too?

When you weigh the cost of pleading guilty and all the future costs that come with it, against the cost of hiring a Minnesota DWI Lawyer, you will find that hiring an  attorney is an investment in your future.

Not all Minnesota DWI Lawyers cost the same.

Each attorney charges what he or she has determined is an appropriate fee for the level of his or her services. Don’t hesitate to ask a lawyer what it will cost to represent you. But --- don't just go with cost when making your decision not all Minnesota DWI lawyers are the same. Your lawyer is the one person in the court room who is on your side, unconditionally. You need to feel comfortable with your lawyer – your relationship with your lawyer can make or break your case: Your lawyer will rely on the information you share with him or her in defending you. If you and your lawyer don’t have a good working relationship, you won’t trust your lawyer with this critical information. The key to a successful attorney-client relationship is the same thing that makes all relationships succeed or fail.

Before opening my own office, I started out prosecuting Minnesota DWI case --- hundreds of Drunk Driving cases.  Let me put that experience to work for you.  Learn for yourself --- Call to Rolloff Law Office at (612) 234-1165 to schedule an office visit and come in and see us in person,

5 Common Mistakes Police Make in Minnesota DWI Cases

The truth of the matter is cops are human and as such they make mistakes.  The following are common mistakes that law enforcement makes when enforcing the Drunk Driving laws.  If they've occurred in the midst of your case, an experienced Minnesota Criminal Defense Attorney locate them and work to reduce the charges and/or dismiss the State's case against you.

1.

Did the police have a proper suspicion (ie., a good, legal reason) to stop your vehicle? An officer may not stop you on a "hunch" because you looked "suspicious". There has to be some reasonable cause, such as a violation of traffic laws, erratic driving, an accident, or some other good reason.

2.

Did the cops assume that the odor of an alcoholic beverage meant you were intoxicated? Odor of alcohol may be sufficient evidence of consumption.

3.

Did the officer fail to ask pertinent questions about your potential medical problems? Many medical issues imitate clues of intoxication.

4.

Did the officer conduct the field exercises in an unfair manner? These include being aware of, but failing to eliminate, distractions during the field exercises (e.g. loose gravel, surfaces that are not level, environmental issues such as snow, ice, misting, wind blowing, darkness).

5.

Did the police read your rights from the implied consent advisory form just before offering you the test to determine your alcohol concentration?

Protecting your rights in court to defend a Minnesota DWI charge against you is something the Rolloff Law Office can help you with.  I will review with you what you will be facing and ensure that you are treated fairly, including your right to have a private assessment done which could satisfy the requirement.

I am an experienced Minnesota Drunk Driving Attorney and I will defend you and will file an "implied consent" court action  to reinstate your driver's license and, more importantly, get the alcohol notation removed from your driving record.

If you've been arrested for Drunk Driving in Minnesota, you need experience legal representation right away. Call me for a free consultation, and I'll explain exactly what I can do to help you. An arrest is not the same as a conviction! Call today (612) 234-1165.

Minnesota DWI - Physical Control (Explained)

Being a Minnesota Criminal Defense Attorney for as long as I have, one of the most difficult concepts I've had to relate to far too many clients the notion of “physical control” as it relates to Drunk Driving cases.  In other words, the idea that someone could be charged or convicted of a Minnesota DWI for just sitting or lying in a motor vehicle.

Granted, this one can be a real head-scratcher --- you can get a DWI for not driving and/or "sleeping one off"?  Sadly, the answer is big fat YES!

What's Up With That?

Over the last several years, Minnesota Courts have given a very broad definition of “physical control” when it comes to DWI charging. As an example, in a January of  2010, the Minnesota Supreme Court ruled, in the case of the State of Minnesota vs. Fleck, that it was proper for a jury to find Mr. Fleck guilty when  he was found asleep in his motor vehicle in the parking lot of his apartment complex.

In this case, when the cops got on the scene,  they found Mr. Fleck asleep behind the wheel of his vehicle with the driver’s side door open and the ignition keys in the center console of the vehicle between the driver and passenger seats.  As is often the case, with these sorts of matters, there is an assumption that, although law enforcement did not see the actual driving conduct, it’s clear that the individual actually drove to the location based on other circumstantial evidence. However, in Fleck, the officer’s had determined that Mr. Fleck had not recently driven his motor vehicle because the car was “cold to the touch”, the lights were not on, and it did not look as though the vehicle had been running. However, the Minnesota Supreme Court found that Mr. Fleck was in a position to exercise domain over his vehicle. In other words, without too much difficulty, the Court believed he  could have made his motor vehicle a source of danger on the roadways by awakening, in an intoxicated state, and then subsequently taking the keys from the console and starting the vehicle and driving off.

Isn't that ice to know --- that law enforcement can just "know" (ala the Tom Cruise movie “Minority Report”) not just what you've done but also what you're going to do --- even before you do it?

Again, as an experienced Minnesota DWI Defense Lawyer, who has had to argue the concept of “physical control” many times throughout my career, this decision comes as little surprise. Nevertheless, this case is remarkable in the sense that there was actual evidence that the driver did NOT drive the motor vehicle to the location, but the Court still found “physical control”.

Now, does this mean that this result will always repeat itself --- that there is no hope?  Not necessarily.  As a matter of fact, often cases such as these can be negotiated (often at something less than a DWI) if you engage the services of a someone who knows what he's doing when it comes to criminal defense.  If you want answers for your legal dilemma - call The Rolloff Law Office today @ (612) 619-0262.  Just because you've been charged does not mean you'll be found guilty.  Believe it.

How to Avoid a MN DWI (Explained)

Common sense is, unfortunately, commonly overlooked-particularly when it comes to Drunk Driving in Minnesota.  The easiest way to avoid a DWI is to not drink and drive. When you want to go out and drink, you can hail a cab, walk home, select a designated driver or wait until you are sober to drive home. If you neglect to follow these tips though, there are still some things an experienced Minnesota Criminal Defense Attorney wants you to do to protect your rights when stopped for a Drunk Driving.

Recommendations


Pull over in a safe spot. One of an officer’s first indicators of your sobriety is where you choose to pull over. If you immediately freak out and pull over in a dimly lit, high traffic area, you may already be giving the officer suspicions about your mental state.

Stay silent. Don’t say, “I was just on my way from a friend’s house in Wayzata.” Don’t say anything. It can all end up hurting you later on.

Be kind. There is never a good reason to be rude to a state trooper. They are only trying to keep the roads safe. Being impolite will only hurt your case later on.

Decline the field sobriety tests. This tests are optional. There is no benefit for you if you take it, and whether or not you submit to the test, you will be arrested at this point anyway.

Refuse the portable/roadside breath test. These tests are highly inaccurate and there is no legal obligation for you to take one. (Granted, you'll probably be arrested if you do not take the rest - but if you "fail" it --- you're going to be arrested anyway.) You will only be providing the officer evidence against you.

Take the chemical test - back at the station. In other states, you are better off facing the penalties for not taking these tests than you are facing a DWI charge. In Minnesota this is not the case. Always take the chemical test when asked to.

Request an attorney. As soon as you are arrested, begin asking for an attorney. The officers may not give you legal representation immediately, but it will show you are aware of your rights. Additionally, the sooner you hire a Minnesota DWI Defense Lawyer the sooner he can begin developing a strong case for your Administrative Driver's License Hearing to prevent the suspension of your license.

Call The Rolloff Law Office

If you have been charged with a Minnesota DWI, contact the Rolloff Law Office - I offer free initial consultations and case evaluations, so contact us today to schedule an appointment with a skilled Minnesota Criminal Defense Attorney lawyer in our offices.

Minnesota 2nd Degree DWI (Explained)

A 2nd degree DWI is the second-most severe DWI in Minnesota. This offense is labeled a gross misdemeanor, which means it is punishable by up to 1 year in jail and/or a $3,000. In addition, a 2nd degree DWI carries a number of collateral consequences, including loss of driver’s license, impoundment of license plates (“whiskey plates”), and forfeiture of the vehicle used in the incident.  As such, more likely than not you're going to need some assistance.  My suggestion - contact a Minnesota Criminal Defense Attorney - ASAP.

Why Were You Charged With a 2nd Degree DWI?

A 2nd degree DWI occurs when someone drives, operates and/or is in control of a motor vehicle at a time that he is intoxicated (usually with BAC over 0.08) and there are "other" aggravating factors. These may include: prior DWI convictions, driver's license revocations premised on alcol-related arrest, having a child in the vehicle at the time of the arrest and/or having a BAC above 0.20. If two of these factors are present, then you will be charged with second degree DUI.  Additionally, a DWI test refusal with one aggravating factor will also result in a second degree DWI.

What are your options?

A second degree DWI is a very serious charge.  Not only can it result in jail time, the loss of your driver's license and the forfieture of your vehicle - you may also be required to pay numerous reinstatement fees and higher insurance rates to become a valid driver again.

What Should You Do?

Retaining a good Minnesota DWI lawyer is usually your best option when facing a charge of this nature. The Rolloff Law Office has represented many individuals facing charges of this nature - and worse.  If you or someone you love needs help, call today: (612) 234-1165 or email me jay@rollofflawoffice  to set up a free consultation and learn all about your defenses.

Minnesota DWI Costs (Explained)

The average cost for someone charged and convicted for a first-time Minnesota DWI has been estimated to be anywhere from $10,000 to $20,000.   Of those, legal fees for your Minnesota Criminal Defense Attorney and fines are but a mere, obvious part.  The following is a list of the obvious and the not so obvious costs frequently associated with a Drunk Driving conviction.

Obvious Minnesota DWI Costs

1.  Bail
2.  Vehicle Towing and Storage
3.  Court Filing Fees (License Revocation)
4.  Driver’s License Reinstatement Fee
5.  Chemical Dependency Assessments
6.  Electronic Home/Alcohol Monitoring
7.  DWI Education Classes
8.  Chemical Dependency Treatment
9.  Criminal Record (Permanent)

Not So Obvious Minnesota DWI Costs

1.  Laboratory Analysis of Alternative Blood, Breath or Urine Testing
2.  Expert Fees
3.  Increased Insurance Premiums (Automotive and Health)
4.  Alternative Transportation Costs
5.  Income Loss
6.  Employment Termination (especially for those with Professional or Pilot’s License)
7.  Damage to Your Credit Rating
8.  Exclusion from Foreign Countries, like Canada
9.  Possible Loss of the Right to Possess a Firearm
10.  Possible Loss of the Right to Vote
11.  Delay or Denial of Citizenship

How to Mitigate Your Costs

Unfortunately I can’t offer you a list of every single cost associated with a Drunk Driving conviction.  Each case is unique - as it concerns the potential monetary and emotional consequences you could face involving your employment and family.  Let the Rolloff Law Office help you better understand the path your on and we can work to alleviate some of those concerns.  Call today - (612) 234-1165 to schedule a FREE initial consultation to discuss your situation.

Minnesota DWI - Videos (Explained)

If I told you that you were under arrest for a Minnesota DWI - and that the whole encounter with law enforcement was captured on video - what would you say?

My guess is that most people hearing that news would be pretty anxious or nervous about what was recorded - right?  Well, whenever I learn that there's a video of an arrest, I get kind of pumped.

Why I Love Drunk Driving Videos

In most Minnesota communities, police squad cars are being outfitted with the latest video recording equipment.  (Heck, in one city, officers own bodies are being used to carry such devices.)  And believe it or not, video is great for a number of reasons - not the least of which is that it doesn't have the biased view that law enforcement often carrys with them into almost any arrest situations.  Video cameras can't smell alcohol, they aren't congratulated on their number of Drunk Driving arrests they make and they don't have quotas for stops of vehicles and DWI investigations. They simply record what happens, as it happens.


Guess Who Hates Drunk Driving Videos.

If you might be anxious about how you'd appear on an arrest video - can you imagine how the officer feels?  If my past experience - working with law enforcement - as a prosecutor is any indication, they absolutely hate it.  They're number one complaint - that videos don't catch the little "nuances" of what they see.

Now, I never quite understood this argument because in my humble opinion the video is often as clear as day when it comes to showing someone doing or not doing something - such as: crossing a line, stumbling, or slurring their speech. 

The Truth

In theory, video was supposed to make the work of the DA easier and the work of a Minnesota Criminal Defense Attorney harder. But it usually works in the other way.

I love having video evidence - it shows me what the police reports never do: What actually happened.

What Should You Do?

If you are charged with Drunk Driving, don't wait to get help. Call the Rolloff Law Office today - (612) 234-1165. We are ready to serve as your Minnesota DWI Attorney, and we'll do whatever we can to get the resolution you want. Call

Minnesota DWIs - Clean Your Record (Explained)

As a Minnesota Criminal Defense Attorney, I'm often asked by individuals charged with Drunk Driving how long a conviction will stay on their record, or if the can come back at some future date and have the charged Expunged.

The bad news is that in the State of Minnesota a DWI will stay on a person's record forever, and it can NEVER be erased.

Why?

A Minnesota DWI is both a Criminal and Traffic Offense. As such, a conviction for a Drunk Driving goes on both a person's Driving and Criminal Records. Beyond that, a DWI is what's called an enhanceable offense - meaning that prior convictions can be used to elevate/increase the penalties (and designation of) future offenses of a same or similar nature.

Under Minnesota Law, as revised a few years ago, a combination of three prior alcohol-related driving offenses within the previous 10 years can result in a Felony for a fourth such offense (in that same time span.)

The rationale, I presume is that if a DWI is  expunged, a person could avoid being charged with subsequent felonies - avoiding the sorts of Free Passes for DWI's that no politician is ever likely to back.

What Should You Do?

The best way to keep a DWI off of your record (short of not being charged with one in the first place) is to have someone on your side - if you're in fact charged - to ensure that it is fought so that your future is preserved. 

I've defended individuals charged with DWIs - and I've earned them outcomes that preserved their otherwise clean records.  Call the Rolloff Law Office today to ensure that you have someone working for you to hold the government accountable - (612) 619-0262.

Minnesota Probation Violations (Explained)

Within my practice, I am regularly called upon to help former (and new) clients in Probation Violation proceedings. While there are a million different reasons why a person can have their Probation "violated," these charges tend to fall into one of only a few categories.

 

In other words, a person will most often face a Probation Violation for one (or more) of 5 reasons:

1. Missing a urine or other chemical test
2. Testing positive for alcohol and/or drugs
3. Missing a Probation appointment, or just stop Reporting
4. Picking up a new case, or
5. Not completing some condition of Probation, like community service, counseling, or paying all outstanding Fines and Costs.

Anyone who gets "violated" knows, in the pit of their stomach, that the Judge is not likely to be happy with them. After all, "Probation" specifically means "not in Jail." Even if a person is given an initial Jail Sentence, they had to have been Sentenced to less than the maximum possible Jail term in order to have any Probation left to do. Thus, Probation stands in as a substitute for Jail. And when facing a Probation Violation, the first and biggest concern is staying out of Jail.

Everyone has their reasons for "violating" Probation; however, a person has to understand that from the Court's point of view, this all boils down to the simple notion that a break was given, and the person apparently didn't live up to their end of the bargain. This is, understandably, frustrating to the Judge.

That being said, there are certain Courts that seem to "load up" on the Conditions of Probation. While no one ever wants to face a Violation charge, some people feel like they knew it was going to happen sooner or later, especially when they walked out of Court wondering if Jail wouldn't have been easier than having to do all the things that they feel were dumped upon them.

Who Violates Probation?

There are 2, and only 2 classes of people who wind up in front of a Judge for a Probation Violation: 

1. Those who voluntarily come to Court to resolve the matter, and
2. Those who get picked up on an outstanding Warrant.

Once a person receives Notice of a Probation Violation, they either show up to take care of it, or they avoid it. Of those who avoid it, most are heard to offer all kinds of excuses if they subsequently get picked up by the Police and are taken in for the outstanding Warrant. From the Judge's perspective, all those excuses offered by someone standing before them in handcuffs for not having come in on their own, and all those stories about planning to come in and set the matter straight are like the "wah wah wah" noises made by Charlie Brown's teacher; just noise.

 

However, and no matter how bad things might at first appear, a person inevitably gets some credit just for showing up on their own to take care of things, even if they've been avoiding the Violation for a long time. After all, Judges are people, too. If you just switch places with them, in your mind, for a moment, you can see how anyone would be more inclined to be kinder to the person who voluntarily presents themselves over the person who gets caught and has a bag full of excuses (invariably seen as a bag full of B.S.) about why they haven't taken care of this yet, and how they were planning on doing so, but got picked up first.

How A Lawyer Can Help

Unless there is a really good and provable reason why the Violation should be legally dismissed, an experienced Minnesota Criminal Defense Attorney is going to have to swing into "sales" mode - and he better be good (like the type who can sell ice to Eskimos, or water to fish) because being persuasive is about the only thing that stands between the person and a jail cell.

Your lawyer has to first explain to the Judge, in the best light possible, how or why you failed to comply with his Order. Part of this is knowing the difference between an explanation and an excuse. A person will have to explain, for example, how they had to work late and missed a urine test. That will never count as an excuse, in the sense that it will simply excuse the miss, but that beats the heck out someone saying "I was out on some friends boat, and we got all caught up partying, and I just forgot."

Then, your attorney has to present options to the Judge in terms of what to do. At the point where a person has, for lack of a more delicate way to put it, squandered the break given by the Judge, the Judge will be hard pressed to start looking for ways to be sympathetic and lenient and give another break. If you were the Judge, you might just figure that a couple of weeks in Jail will do the trick. And it sure would, but we want to avoid that, at all costs. Jail is a quick and easy decision, it seems appropriate for a Violation of Probation and, to the Judge's thinking, it only makes the person pay the price they were spared by being given Probation in the first place.

Therefore,your lawyer has to convince the Judge that the quick and easy decision IS NOT the best one. This involves a lot of considerations. From my point of view, one of, if not THE most important of those considerations is that the Lawyer needs to know what to say and how to say it to the Judge.

---



The larger point is that NOT going to Jail is more likely if a lawyer knows how to handle these matters - someone who does not waste a judge's time and knows how to be persuasive. There is a time to be argumentative (during a trial, for example) but arguing with a Judge at this critical stage is a losing strategy in every sense of the word. Thus, even though certain attorneys might be the best person around to defend someone in a murder case, that same guy may be the last person to hire for a Probation Violation.

What Should You Do?

You've read what I've written on this subject.  Hopefully it's straightforward and does not simply drone on with the worn out and tired old lines about being "tough" and "aggressive?" If you think I'd be someone you'd like to work with - call me.  To get the full measure of the man, you have to (in my opinion) stand before him and be able to assess as to whether you can trust that person with your future. 

Call and meet with me today.  The Rolloff Law Office - (612) 619-0262. 

Minnesota Vehilce Stops (Explained)

Believe it or not, the police have to have an excuse to pull you over.  To some this might come as a shock - but that's the law.  On area ripe for consideration i a Drunk Driving case (or any crime really - whether a vehicle is involved or not) is the question of whether law enforcement has a valid reason to stop and/or have contact with you.  As such, here are a couple of things to keep in mind.

What Constitutes an Unlawful Police Stop?

Despite one's best efforts, at any moment, a police officer can stop and pull you over. Sometimes these stops are based on a legitimate concern the officer has about your driving or your safety or whatnot.  However, far too often, theses "stops" are completely without merit and border on being illegal.

An officer is only legally empowered to pull you over if he has witnessed you break the law, or has sufficient cause to believe that you are breaking the law and they need to further investigate your behavior.

Unless you are engaging in specific behavior that catches an officer’s eye, they are not allowed to just pull you over or stop you on the street.  If they do this - without just cause - there may be grounds for having your case dismissed.

Vehicle Stops

The police are on the look-out for multiple activities that may indicate a driver is operating their vehicle under the influence of alcohol or drugs. These may include reckless maneuvers such as swerving in and out of lanes, driving excessively fast, running red lights, failing to stop at posted stop signs and driving too slow. Officers aren’t above the law however, and can be held accountable for failing to properly conduct themselves.

What Should You Do?

If your arrest - for a DWI or possession of contraband/drugs - was the result of being pulled over by a police officer without probable cause, an experienced Minnesota DWI Attorney can provide you with the proper legal insight to hopefully arrest overturned.  I have ample experience working cases such as these from both sides of the aisle - from the prosecution side and the criminal defense side - and I'm thoroughly familiar with all elements of such arrests, including officers unlawfully pulling over a motorist.

The Rolloff Law Office will look intently into the circumstances surrounding your arrest in order to determine if the officer acted improperly when pulling you over, and thus violated your civil rights. I’m passionate about defending people against charges of Drunk Driving and will fight tirelessly on your behalf to try and have the charges dropped or reduced.  Call or text today - to (612) 234-1165- to set up a free, no obligation consultation.

Minnesota Charges - Dismissed (Explained)

As an experienced Minnesota Criminal Defense Attorney, the one outcome more than any other that brings me and my clients the greatest joy is having their charges dismissed or significantly reduced.

Believe it or not this does happen, in one way or another in court rooms throughout the state - everyday. There are many possible options—some quite complicated—to get the charges against you reduced or taken off the table entirely. But the process of doing that starts with one simple step: getting a savvy, aggressive Minnesota Criminal Defense Attorney on your side, right away, who will fight for the best possible outcome.

What to Look Out For

First and foremost, I would caution anyone to be wary of lawyers who quickly promise to get your case dismissed.  Sometimes, that the reduction or dismissal of charges is just not possible.

While it is always my number one priority to work to get the charges against my clients dismissed, the best (and often the only) way for that to be done is to thoroughly explore the circumstances of your case before making any determination as to the possibility of dismissal.

No Minnesota Criminal Defense Attorney can promise you a certain outcome for your case; however, what I can promise you is tough, aggressive lawyer who will look into every option to get you the best results for your case.

How Criminal Charges Get Dismissed

Ultimately, there is only one person who dismiss the charges against you - the judge. Often individuals mistakenly believe that if only the person who originally pressed charges his or her mind the case will just go away.  That is just not true.  In reality, once the government's attorneys take the case, the decision to continue with it is in their hands.

Ways to Get Your Minnesota Charges Dismissed

Essentially, there are two ways to get Minnesota criminal charges dismissed or discharged:

1. Where the government can't prove guilt beyond a reasonable doubt.

In these cases, often there's was something legally wrong with: (a.) the accusations, or (b.) the process of arrest and investigation. Many times, charges can be dismissed if there is not enough evidence to sustain the charges or the defendant has not been arrested within the legal process of the law (for example, where the defendants are interrogated after they stated they were invoking their 5th Amendment right to remain silent) or if evidence was gathered in violation of the offender's constitutional rights. For any of these reasons, cases can dismissed. One other way charges are often dismissed is when the alleged victim of the "crime" refuses to cooperate with the government.

2. Where the government can prove guilt beyond a reasonable doubt.

An odd situation to be sure, but in these cases - even if the judge decides that the defendant is in fact, guilty of the charges - sometimes the nature of the charges and/or the criminal history of the defendant indicates that the case should not go forward.  Often this is done under circumstances such as when the offense charged low level misdemeanor and/or if the defendant has a clean (or even mild) criminal record.  At this point, an agreement can be reached where the judge may decide to dismiss the allegations or offer some type of alternative sentencing. Alternative sentencing can come in a variety of forms, including fines, community service, probation, etc.

What Should You Do?

My approach to handling my client's cases is to be persistent and to diligently work toward getting them the outcome they desire - ie., getting their case dismissed if at all possible. To do that, I explore all options; I gather all necessary information regarding your arrest and the investigation by law enforcement agencies; and I consider the circumstances of the charges in your case, as well as your previous criminal history. Then, and only then, do I move forward with the options for dismissal available in your criminal case.

Since dismissals can occur anytime after the arrest (and often they happen later rather than sooner,) I never lose sight of that option throughout the proceedings. In that time, I'll work to negotiate throughout your case with the goal of getting the charges against you discharged.

If you (or someone you love) thinks that they need a lawyer, you probably need a lawyer.  Call the Rolloff Law Office today and schedule a no-cost, no obligation consultation - today.

Drinking, Hunting & Criminal Convictions (Explained)

I dare to say - after complaining about the Vikings --- most Minnesotans favorite past-time is hunting.  And, like with most extra-circular activities, adult beverages can be part of that enjoyment. However, (in addition to just how smart (or not) trolling the woods with a buzz and a loaded fire-arm might be,) it begs the question: “Can I drink and hunt?”

Under the laws of the State of Minnesota, a person may not take wild game (with a firearm or by archery) if the individual is under the influence of alcohol or a controlled substance.  A person is considered under the influence - much like with a Drunk Driving arrest situation)  when the person’s alcohol concentration is (.08) or more; when the person’s alcohol concentration is (.08) or more within two hours of the taking of wild animals; or the person is knowingly under the influence of any chemical compound. 

Now, what this maens essentially is that a person needs not be "drunk" in order to be found guilty of hunting under the influence; rather, they need only be under the influence to the extent that it would make it less safe for them to hunt than it would have been had they not been under the influence to any extent.  (Get that?  Me either, and I'm an experienced Minnesoat Criminal Defense Attorney.  But seriously, I have had some experience with individuals who run up against accusation of hunting while under the influence.  If you find yourself having to answer such questions and/or charges, you need to get a lawyer involved for the consequences can be long-lasting.)

Criminal Records and Fire-arms

Even for those that do not wish to drink and hunt, your criminal record could prevent you from partaking in this past time.  With certain limited exceptions, the following individuals are not eligible to possess a firearm, include those who:

• Arender the age of 18; 
• Have been convicted of a crime of violence or a felony-level drug offense; 
• Have been charged with a crime of violence; 
• Have been convicted in another state of non-felony domestic assault or repeat assault; 
• Have been convicted of a felony punishable by imprisonment for more than one year; and 
• Are currently charged with a felony punishable by imprisonment for more than one year.

 What Should You Do?

You know, if you enjoy hunting - but you've had some problems in the past - be smart about it.  Make sure you are eligible to possess a firearm and  if you're going to consume any alcohol, be aware of the regulations and the repercussions for failing to abide by the statute.  If something has gone terribly awry, and you think you need a lawyer, feel free to call the Rolloff Law Office at (612) 234-1165 and we can work with you to minimize any unforseen complications.jmr

Minnesota DWI Myths - Part 3 (Explained)

There are myths and then there are MYTHS.  Here are some of the most common misconceptions regarding Minnesota DWIs that I'm often called on to respond to.
 
1. Sucking on pennies or using mouthwash will help lower your blood alcohol concentration result.
WRONG: Sucking on pennies or anything else that is copper will have no effect on your blood alcohol concentration (BAC) result. As far as mouthwash or breath sprays go, these substances can actually inflate the amount of alcohol found in BAC results, not lower them. Both of these substances contain low amounts of alcohol that an advanced breathalyzer may be able to pick up.

2. You must take the Field Sobriety Tests.
WRONG: While the police are not required to tell you this, in the State of Minnesota, the law does not require that you perform any type of test, including a Field Sobriety Test. However, you should know that if you do refuse to perform this test, the officer will most likely arrest you. You should always take in your surroundings and consider whether or not you are able to successfully pass a field sobriety test before you out right refuse.

3. Field Sobriety Tests are always an accurate measure of a person’s BAC level.
WRONG: Even the National Highway Traffic Safety Administration has said that people, even when they are sober, have difficulty correctly performing field sobriety tests. Several factors such as nervousness, fear, fatigue, weather conditions, leg/foot injuries, etc. can all have an impact on the results of a field sobriety test.

4. “Alcohol on the breath” is a reliable sign of alcohol intoxication.
WRONG: One fact that many people don’t know about alcohol is that it is actually odorless. What people are smelling when they perceive alcohol on the breath is the smell of the ingredients often included in alcohol. For instance, the breath of someone who has been drinking O’Douls Non-Alcoholic beer will smell the exact same as someone who has been drinking Budweiser. Therefore, breath odor strength estimates are completely unrelated to a person’s BAC level.

 What Should You Do?

The number on myth I'd like to explode is this: I can defend myself effectively in this kind of case, if I just let the judge know the facts.

Sure, if you have a stomach ache - maybe it's okay to take in some Pebto. Or, if you have a headache - to self-diagnoses and pop a couple of Advil. However, if you break a bone or your appendix bursts - your best bet would be to talk to an expert. I'm sure no one would say that you should personally attempt to remove that appendix or set that bone.

If you're arrested for a Minnesota DWI, you need an experienced Minnesota Criminal Defense Attorney to help you get past the many pitfalls and adverse consequences - criminal and civil - that lie in your path. Do yourself a favor and (at a minimum) consult with someone one who is experienced in the defense of DWI cases, and who is well versed on the law and facts regarding these offenses. Your investment in such representation is essential.

Minnesota DWI Myths - Part 2 (Explained)

There are myths, legends, tall tales and there are truths.  When it comes to monsters and whatnot - such stories are probably okay. But, I guessing that when it comes to you and your future - not so much - right?  Seriously, there are a lot of stories out there about DWI arrests.  Some are not so true, some are purely false and others ... I call myths.  As an experienced Minnesota DWI attorney, I've heard them all.  Today, I expose the myth and set the truth straight.

1.  If I am convicted of Drunk Driving, and I lose my license, I can get a restricted license.

Yes, and no. Believe it or not a conviction is not required to have one's driver’s license revoked for a period of time. In nearly every case, the Minnesota Department of Public Safety can, and does, revoke driver’s licenses without requiring a court conviction of an offense of Driving Under the Influence. In fact, should your blood, breath or urine test at (.08) or greater, your license will be automatically revoked without your ever having had appeared in court or before a judge. Know this too, even if your are ultimately acquitted of DWI (or the criminal charges are dismissed) your license revocation may still stand, since the procedures and rules of the DPS operate independently of the court system. Further, a restricted license is only granted under certain circumstances and specific times.  Each case is different.

TIP: By challenging a license revocation, your attorney can have some control over when your license will be revoked, rather than when the DPS or the arresting officer says it will happen.

2. Even if I am convicted of a Minnesota DWI, because of my excellent driving record, I will probably get probation, and not have to go to jail or do community service.

Your excellent driving record really won't amount to much - when it comes to an arrest for Drunk Driving.  No probation is possible, but in most jurisdictions every person who is convicted of such an offense must serve at least 2 days in jail, or must perform some form of community service. Often there are no exceptions.  And we're only talking about a 1st offense.  If you're on your 2nd or 3rd DWI - the mandatory minimums are much more onerous.  No exceptions, unless you agree to enter a long and costly alcohol rehabilitation program.

TIP: If you consent to treatment or some other form of rehabilitation you maybe able to reduce some of the often allotted periods of jail and community service.  As a former prosecutor, I know what the prosecutor and the judge would like to see on the record before they agree to leniency.  If you're looking for a break - you need someone to go into court and get it for you.

3. If I am stopped and arrested for DWI, I am as good as convicted.

This is an all-time favorite of mine because it hits upon a maxim I learned all to well as a former DA: All arrests do not lead to convictions.  Despite the attitude of many courts and prosecutors, there are defenses to the crime of Drunk Driving which should be raised by you or your experienced Minnesota Criminal Defense Attorney.  Sadly, there are law enforcement officers who are not above coloring the truth and are willing to "fudge" their interpretation of what lead to a DWI arrest.  Also, many of these same officers are just not qualified to administer the tests you're asked to take and/or they make mistakes when doing so. Now, if you just fall on your sword and plead guilty, you have a 100% chance of being found guilty. However, i you are willing to fight for your rights, and to contest the government's case, you will have the best chance of a satisfactory outcome.  (And get this, more often than not the outcome for for the arrestee does not get worse because they want to challenge the government ... so don't be afraid to stand up for yourself!)

TIP: Pleading Not Guilty at the Arraignment does not mean that you cannot change your mind later. For this reason, do not plead guilty until you are satisfied that nothing can be done to improve your legal position. Your attorney will know how to advise you.

What You Should Do!

The number on myth I'd like to explode is this: I can defend myself effectively in this kind of case, if I just let the judge know the facts.

Sure, if you have a stomach ache - maybe it's okay to take in some Pepto. Or, if you have a headache - to self-diagnoses and pop a couple of Advil. However, if you break a bone or your appendix bursts - your best bet would be to talk to an expert. I'm sure no one would say that you should personally attempt to remove that appendix or set that bone.

If you're arrested for a Minnesota DWI, you need an experienced Minnesota Criminal Defense Attorney to help you get past the many pitfalls and adverse consequences - criminal and civil - that lie in your path. Do yourself a favor and (at a minimum) consult with someone one who is experienced in the defense of DWI cases, and who is well versed on the law and facts regarding these offenses. Your investment in such representation is essential.

Call the Rolloff Law Office today to set up your free consultation.

Minnesota DWI Myths - Part 1 (Explained)

There are a lot of "my friend said that..." stories about DWIs out there.  Like noses, almost everyone has one --- some are big, some are small ... and some just smell.  Here are a couple of those stories and the truth you need to know - straight from the mouth of an experienced Minnesota DWI Attorney.

1. I have to be driving in order to be convicted of a DWI.

Wrong! Of all the things that are required to find someone guilty of a DWI driving is not one of them.  All that's required is something called "physical control” - while having a too much alcohol in your system at the time of said control. That means that if you get behind the wheel of a vehicle, and decide that you have had too much to drink, your decision to “sleep it off” right there may lead to a conviction of the offense anyway, just as if you had decided to take a chance and drive home. It is immaterial that you felt as if you were doing the prudent thing.

TIP: If you have to sleep it off in your vehicle, it is better if you sleep in the back seat, or the passenger seat, and do not put the key in the ignition. This is not really recommended, however, as prosecutors may still argue that you had the ability to start the vehicle and drive away. Call a cab whenever you are unsafe to drive.

2. If I am stopped by a police officer, I have the right to consult with a lawyer to determine whether to answer his questions, or to decide whether submit to a blood or breath test.

Nope.... Now, you do have a constitutional right to speak with an attorney - but that does not kick in until you're arrested.  Therefore, on the side of the road - you're kinda sorta on your own.  That being said, short of telling the officer who you are you are under no additional obligation to answer his questions and/or do ANYTHING he requests you to do (like the field sobriety tests.)  Once you get back to the station - then you'll get your chance to talk with an attorney.

TIP: Although you are generally expected to answer a police officer’s legitimate “identity” type questions, you should not admit to having consumed any alcohol or any controlled substances. By doing so, especially with controlled substances (prescribed or not,) you may be admitting to a felony. When in doubt, don’t talk. You should only agree to take tests that are required by law. Don’t volunteer to take any tests that are not required. Ask if the test is required.

3. I have to be intoxicated, or “under the influence” in order to be convicted of Driving Under the Influence.

Your driving patterns, your ability or inability to safely operate your vehicle, and indeed, your intoxication, or lack of intoxication, are often not the most relevant things at issue when it comes to being convicted of a Minnesota DWI.  Sure, some drivers are convicted of Drunk Driving because of their poor driving conduct - however, the overwhelming majority are not what most would normally call “intoxicated.” In fact, most drivers are convicted not because they are operating a vehicle while they are intoxicated, but rather because the evidentiary test of their blood, breath or urine indicates a Blood Alcohol Concentration (BAC) above the legal limit of (.08).

What Should You Do?
 
The number on myth I'd like to explode is this: I can defend myself effectively in this kind of case, if I just let the judge know the facts.

Sure, if you have a stomach ache - maybe it's okay to take in some Pebto.  Or, if you have a headache - to self-diagnoses and pop a couple of Advil.  However, if you break a bone or your appendix bursts - your best bet would be to talk to an expert.  I'm sure no one would say that you should personally attempt to remove that appendix or set that bone.

If you're arrested for a Minnesota DWI, you need an experienced Minnesota Criminal Defense Attorney to help you get past the many pitfalls and adverse consequences - criminal and civil - that lie in your path.  Do yourself a favor and (at a minimum) consult with someone one who is experienced in the defense of DWI cases, and who is well versed on the law and facts regarding these offenses. Your investment in such representation is essential. 

Call the Rolloff Law Office today to set up your free consultation.

Minnesota DWIs - A Racket?

Many (including myself) I believe are under the mistaken belief that Minnesota's DWI laws are “Drunk Driving” laws - which make it illegal for intoxicated drivers to operate vehicles.  Well, as a former prosecutor and (now) a Minnesota DWI Attorney, I can confidently assert that nothing could be further from the truth.

Initially, before "science" got involved, most DWI arrests were based on subjective opinions of a trained law enforcement officer.  The, many years ago, the American Medical Association (AMA) was asked to supply a Blood Alcohol Concentration (BAC) value that would be consistent with impaired driving. The value that the AMA came up with was 0.15 grams of alcohol per 100 milliliters of blood.

Over time, that number was reduced - due to lobbying from victims’ rights groups, like Mothers Against Drunk Driving (MADD), and also due to a very negative public perception of drunk drivers - from (.10) to the current accepted standard of (.08).

One would think that as a result of these changes we're all a little safer - and sure when the value was decreased from (.15) down to (.10) the decrease in highway deaths and injuries was significant.  However, the most recent reduction in the number - (.10) to (.08) did not return such a result.

This begs the question: Why?

As an experienced Minnesota DWI Attorney, I believe that we have reached a point of diminishing returns because the current BAC number - (.08) - does not correspond to a consistently measurable level of impairment. Honestly, who can't argue that sure maybe some people are impaired at (08) but many more are not. But, the law makes no distinction between the impaired driver and the driver who is merely “over the limit.” In other words, it makes no difference if you are drunk or not if your breath, blood or urine test reveals a BAC greater than (.08).

What You Should Know

1. It is LEGAL in the State of Minnesota to drive, operate or control a motor vehicle after drinking alcohol. What's ILLEGAL is doing that if you are under the influence of alcohol, or if your BAC level is over (.08);
2. Your sobriety is rarely being evaluated by officers who make arrests. Rather, what the officer is really trying to do is confirm his suspicion that you're in fact drunk by having you perform those silly Field Sobriety Tests - which do not themselves indicate intoxication but rather tend to predict an elevated BAC level.  As such, I suggest that you NEVER do them.  (It is rare that someone can prove that he is innocent - and often performing these tests does much more harm than good;) 
3. Even if you are physically able to safely operate a motor vehicle with a (.08) BAC - the government says you're driving illegally if you do so;
4. You are able to testify to what you think your BAC was at the time of operating a motor vehicle; and
5. A complete lack of impairment (ie. "passing" the Field Sobriety Tests) is never a defense to a (.08) or Over DWI charge.

What Should You Do?

As an experienced Minnesota DWI Attorney, I can work to ensure that your rights are preserved and that all of the proper challenges to your arrest are filed in a timely manner - and fought against in court. If you or someone you love is facing a DWI or Drunk Driving charge, call the Rolloff Law Office - at (612) 234-1165 - today to set up a free consultation to learn about your options.

No Means No? DWI Refusals (Explained)

A charge of DWI - Test Refusal is in many ways a lot like an arrest for Drunk Driving.  However, the crime isn't driving while intoxicated; rather, the offender is charged with refusing to submit to a test of their blood, breath or urine - at a time in which law enforcement has probable cause to believe they were driving drunk.

The difference may sound minor - to anyone but a lawyer - but the outcome quite serious.  Under the laws of the State of Minnesota, an officer can require someone to submit to a DWI test if the he has reason believe that the individual was driving while under the influence of alcohol.  This is Minnesota’s Implied Consent law.  (Believe it or not, by driving on a public roadway in the state you automatically consent to submitting to such a test if law enforcement proper cause.)  Refusing to take this test is a crime, which is often more severe than a regular DWI if you had in fact just agreed to the chemical test.

Why is a Refusal Worse than a Drunk Driving Arrest?

Initially, Test Refusal was a more lenient charge than a Drunk Driving - under certain circumstances.  However, those that came before us burned that bridge by refusing tests (to receive lower consequences than if they had taken the test) at a rate that caused the powers that be changed the law to make it equal to the most severe DWI you can receive under the circumstances.  Therefore,  today is very little incentive to refuse the test.


If it's a Crime, Why Do Individuals Still Refuse?

The most common excuse I've seen for not submitting a sample of one's blood, breath or urine for testing is because they're confused about the request in the first place.  If you've read this blog, you know that I often advise individuals to not talk with the police and refuse their requests for things like searches, providing statements and the like in order to protect their rights.  However, refusing a DWI test has the exact opposite effect - it imposes severe criminal liability. 

Prior to seeing the required sample, this is laid out quite clearly by the officer seeking submission to the test - when he recites the Implied Consent Warning.  However, that warning fails to explain that you also quite likely opening yourself up to harsher consequences than if you'd have go through with the test in the first place.

How Do You Fight This Charge?

Law enforcement can require submission to a test only if they have probable cause to believe that you've been drinking and driving.  So, the best way to avoid a charge is to prevent creating probable cause - don't drink and drive.  That being said, I am sure if you're reading this that ship has passed.  If you've been cited for Refusal - you need the assistance of an experienced Minnesota DWI Attorney. 

Not only will they fight to preserve your rights and your future.  They also will be able to discern whether someone actually refused.  That's right - often these cases come into being not because someone says "no" to the test - but rather because there are times that an officer assumes such a response.  If that's the situation in your case call The Rolloff Law Office today at (612) 234-1165.  I believe I can root out the holes in these assumptions and in turn get you the best outcome possible.