Minneapolis Hit & Run Lawyer (Free Answers)

When a collision occurs and the person responsible leaves the scene of that accident intentionally, the act is referred to as a “hit and run.” 

If you are involved in an accident and there is property damage, bodily harm, or the death of another person is caused, it is your responsibility to stop your vehicle while at the accident scene. You must then provide the property owner or other driver your insurance information, contact information, and your driver’s license information. If you do not do this and flee the scene, then you could be charged with a serious traffic offense.


The truth is, this simple charge can have quite a major number of consequences when background checks are performed on you. 

What Should You Do?

Depending on the allegations ... you could face anywhere from a misdemeanor to a felony charge.  You could also face a fine and/or serious jail/prison time.  The concern of law enforcement tends to be the fact that they believe there is another criminal act that led to the accident, such as drinking and driving or fleeing the scene of another incident. This can result in the case receiving a lot more scrutiny.

As an experienced Minnesota Criminal Defense Attorney, I have defend clients accused of the following types of hit and run accidents:

• Pedestrian hit and run
• Vehicle hit and run
• Bicycle hit and run
• Property hit and run

If you or someone you love is accused of colliding with anyone or anything, there can be consequences. The type of accident is what will determine the exact consequences.

Consequences

If you are convicted, you might face probation and fines, as well as possible restitution to the property owner. You could also see action being taken  ... to take away your driver's license.  

My goal, in every case, as you your Minneapolis Criminal Defense Lawyer is to have as many of those charges dismissed or reduced as possible. 

There are some cases in which these charges are dismissed, such as in cases of mistaken identity.

Regardless of innocence or guilt, you can expect your attorney to thoroughly investigate the events and make sure that you receive the best result possible in the case. The better the result, the sooner you can move on with your life.
  

Whether there is merit to the charges or there is none at all, it is important that you secure the best possible criminal defense so that you can receive the best result in your case. To learn more about how the Rolloff Law Office can help you, call (612) 234-1165 to schedule a free consultation.

Minnesota School Bus Stop Arm Violation (Explained)

 

When a school bus is stopped on a street or highway and displays an extended stop-signal arm and flashing red lights, the driver of a vehicle approaching the bus must stop the vehicle at least 20 feet away from the bus. Failure to do so may result in a passing a stopped bus charge.  If you have been cited for violation Minnesota Statute 169.444 ... then you should contact an experienced Minnesota Criminal Defense Attorney. 

It is also a crime for a person to pass or attempt to pass a school bus in a motor vehicle on the right-hand passenger side of the door when the bus is displaying the pre-warning flashing signals.

Passing a Stopped School Bus Consequences

In the State of Minnesota, someone convicted of failing to stop a vehicle while a school bus has its stop-arm extended is guilty of a misdemeanor. 

However, a person may also be charged with a gross-misdemeanor if they fail to stop their motor vehicle and commit one or both of the following:

• Passing or attempting to pass the school bus on the right-hand passenger-door side of the bus; and/or
• Passing or attempting to pass the school bus in a motor vehicle when a child is outside of and on the street used by the school bus or on the adjacent sidewalk.

Driver’s License Sanctions

Depending on the circumstances surrounding the offense, a passing a stopped school bus conviction can lead to a driver’s license suspension or revocation.



 

Illegally passing a school bus is a serious offense with severe consequences. Having an experienced attorney is therefore essential to ensure that your rights are protected throughout the legal process. Call the Rolloff Law Office to get more information about what you can/should do ... so as not to make things any worse.  FREE CONSULTATIONS: (612) 234-1165

Minnesota Driving After Cancelation - IPS (Explained)

The Minnesota Department of Public Safety (DPS) keeps your driving record --- it contains information about driving and licensing violations in the State of Minnesota, as well as in other states. They also have the ability to withdrawn your privilege to drive by suspending, revoking or cancelling it if you are found guilty of  following serious or frequent traffic violations.  This is a complicated charge ... and may require some assistance from an experienced Minnesota Criminal Defense Attorney.

If you plead guilty and your license is withdrawn, DPS will send you a notice of withdrawal and a list of requirements to have your driver’s license reinstated.  Here is what to expect:

Driving After Cancellation

Driving after cancellation (DAC) is one of the most commonly charged crimes in the state of Minnesota. It refers to a person that has had their driver’s license or driving privileges cancelled and been given notice of the cancellation, but disobeys the order by operating any motor vehicle while the person’s license or privilege is cancelled. It is also the most serious offense as it often relates to the driver having a number of driving while impaired violations.
 
Why your license may be cancelled:

• Acquire a mental or physical disability that makes you incapable of driving a motor vehicle safely;
• Do not pass a test that is legally requested by DPS to determine your ability to drive safely;
• Give false or misleading information on your license application;
• Commit a crime for which cancellation of your license is a legal punishment;
• Do not qualify for a driver’s license under Minnesota law

DAC can be charged either as a misdemeanor or a gross misdemeanor depending on the reason for the cancellation in the first place. A misdemeanor offense is punishable by up to 90 days in jail and/or a $1000 fine.

If the driving privilege was cancelled as inimical to public (DAC - IPS) safety as a result of multiple DWI convictions, the subsequent DAC will likely be charged as a gross misdemeanor.

If the DAC is charged as a gross misdemeanor you will face up to a year of jail time and a $3,000 fine per count. 

Similarly, if you plead guilty to or are convicted of driving after cancellation, you automatically lose your license for at least 30 days. This is true even if you had your license valid again before entering your guilty plea to the DAC.



  

If you need help with a DAC-IPS charge, call the Rolloff Law Office for a FREE CONSULTATION: (612) 234-1165

Minnesota DWI - Field Sobriety Tests (Explained)

As an experienced Minnesota Criminal Defense Attorney, I get a lot of questions about DWIs.  One common inquiry is about Field Sobriety Tests.  Here's some info that you need to know.

Minnesota Field Sobriety Tests

A police officer, after pulling over a driver for suspected Drunk Driving will usually say something to the driver: 

“I need to have you step out of the car and do a few tests to make sure you are okay to drive."  At the time, the driver is not told that he/she has the option to refuse those tests. 

Here’s the skinny. 

Almost always, the purpose for the Standardized Field Sobriety Tests (SFST) is to gather evidence against you to be used at trial. 

The Truth

There are two ways to convict a person of DWI: one is to prove that they drove and had a alcohol concentration of .08 or more as tested by a blood, breath or urine test. However, suppose a clever defense attorney gets the test kicked out. They can still convict you if they can prove that you drove at a time that you were impaired by alcohol. 

Whether or not you are “impaired” is determined by the officers observations, your conduct and your statements. It is for this reason that police will tell you to do the SFST. They will later testify in court that your inability to do the test proves you were impaired.

The good news is that you are not required by law to do SFSTs. You have a right to decline. If you decline, do not say you are declining because your are too drunk to do them. Simply say that you invoke your right not to perform those tests. 

The one exception (sort of) to this is the preliminary breath test (PBT) --- that little box that officers have you blow into on the side of the road. 

If you refuse to blow into the PBT the officer can place you under arrest and ask you to do a blood, breath or urine test. But, the PBT is not admissible in court (except for persons under 21) to show the existence of alcohol or if you later refuse the blood, breath or urine test.

Need help, with a Drunk Driving accustation, feel free to call the Rolloff Law Office to get FREE ANSWERS and set-up a consultation: (612) 234-1165

Minnesota DWIS (Mandatory Sentences)

The laws concerning driving while intoxicated (DWI) are quite strict in the State of Minnesota compared to other places in the nation. If you are convicted of a DWI, the judge has a great deal of discretion as to what your punishment will be. However, if you are a repeat DWI offender --- within a ten year period of an earlier convictions --- there are mandatory minimum sentences required by Minnesota state law that the judge must impose.  However, an experienced Minnesota DWI Attorney can help you avoid the worst of the worst.  

Mandatory DWI Sentences
It should be noted before we continue that in the eyes of the Minnesota DWI law, the term “in custody" can mean jail time, remote electronic alcohol monitoring (REAM) or home detention (EHM). 

The REAM program is primarily designed to keep offenders out of jail so they won’t lose their job. It involves random remote testing of the blood alcohol level through a breath analyzer. EHM is a type of intensive probation.

The following is a summary of the mandatory minimum sentences required for repeat DWI offenders:

Second Offense In a Ten Year Period

• 30 days incarceration minimum;
• At least 48 hours of incarceration must be served consecutively in a jail or workhouse; 
• 8 hours of community service must be added for each day less than 30 days that the convicted person does not spend in jail.

Third Offense In a Ten Year Period

• 90 days incarceration minimum;
• At least 30 days of incarceration must be served consecutively in a jail or workhouse

Fourth Offense In a Ten Year Period

• 180 days incarceration minimum
• At least 30 days of incarceration must be served consecutively in a jail or workhouse

Even with these limits in mind ... there are ways around them.  Before you go to court, on a Minnesota DWI --- make sure that you have all of the information necessary.  Call the Rolloff Law Office to set up a FREE CONSULTATION - (612) 234-1165.  

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.

Driving Without a Valid MN License (Explained)

Driving After Revocation (DAR), Driving After Suspension (DAS),Driving After Cancellation (DAC),  and Driving After Cancellation as Inimical to Public Safety (DAC-IPS)  are common additional charges that individuals can end up facing, if their driver’s licenses have been invalidated for a period of time due to a recent Minnesota DWI conviction.

Generally speaking, these offenses are governed by Minnesota Statute 171.24, which reads in relevant part that:

[A] person is guilty of a misdemeanor if: (1) the person’s driver’s license or driving privilege has been suspended; (2) the person has been given notice of or reasonably should know of the suspension; and (3) the person disobeys the order by operating in this state any motor vehicle, the operation of which requires a driver’s license,” while the person’s license or privilege is suspended, revoked, or canceled.

Also, if a person is operating a commercial vehicle and has been disqualified from holding a commercial driver’s license in Minnesota, that person is guilty of a misdemeanor.

The statute continues to state that a person has committed a Gross Misdemeanor if that:

person’s driver’s license or driving privilege has been canceled or denied” because “the commissioner has good cause to believe that the operation of a motor vehicle on the highways by the person would be inimical to public safety or welfare,” and “the person has been given notice of or reasonably should know of the cancellation or denial; and… the person disobeys the order by operating in this state any motor vehicle, the operation of which requires a driver’s license, while the person’s license or privilege is canceled or denied.

If an individual already has a conviction for one of the charges involving driving without a valid license, the penalty for a second offense is much greater. Minnesota Statute 168.041 subd. 2 asserts that:

if a person is convicted of violating a law or municipal ordinance, except a parking law or ordinance, regulating the operation of motor vehicles on the streets or highways, and the record of the person so convicted shows a previous conviction for driving after suspension or revocation of the person’s driver’s license or driving privileges, the court may direct the commissioner of public safety to suspend the driver’s license of the person for a period not exceeding one year. The court may also require the registration plates of any self-propelled motor vehicle owned by the violator or registered in the violator’s name to be surrendered to the court.

 Driving without a valid driver’s license can put not only an individual’s future driving privilege in jeopardy, but can also potentially lead to license plate impoundment for the vehicle, even if the vehicle belongs to someone else. 

What Should You Do

Believe it or not, most prosecutors and judges believe that a person should have a valid license to drive. So if you find yourself facing a charge such as this, my suggestion to you is to get an experienced Minnesota Criminal Defense Attorney on-board ASAP.  Deals can be made - and the consequences you face do not have to be the most dire.  Don't believe me, call the Rolloff Law Office at (612) 234-1165 and learn how you can preserve your license - even when all fees lost.

Minnesota DWI Court Process (Civil Cases)

In addition to the criminal court case that many of you would expect - if you found yourself facing a Minnesota DWI charge - there's also the psooibility that you'll also have to answer for civil penalties assiciated with the same arrest.

Generally speaking, and unless specifically required by the Court, your appearance at such court hearings is not always required.  However, depending on the specific facts of your case, your appearance at court appearances may be requested.  

Implied Consent Hearing
Sometimes referred to as an “IC” or “Driver’s License Trial”, this court appearance is like a Court Trial in which your Minnesota DWI Attorney and the Attorney for the State argue before the Court seeking, among other things, the lifting the revocation of your Minnesota driving privilege.  This hearing is conducted in the same manner as a Contested Probable Causey Hearing.  In short, it is your  burden to show that the revocation s not justified.  If you fail to meet that burden, the Court will sustain the revocation of your driver's license.  In other words, you will lose your driving privileges.

B-Card Hearing

This hearing takes place if you are alleged to have violated the conditions of your B-Card (a driver' license where use of alcohol has been restricted).   It is conducted in the same manner as the Implied Consent Hearing , except that we are seeking the reinstatement of B-Card driving privileges.

Forfeiture of Motor Vehicle and/or Property Hearing
This is conducted in the same manner as an Implied Consent or B-Card Hearing, except that you and your attorney are seeking the return of your vehicle or property.

As you can see, there are many possible court appearances that can take place during the course of any Drunk Driving case.  Hopefully this guide (and the one about the criminal process) has given you some basic understanding of what appearances you may expect as your case moves through the system.

An experienced Minnesota Criminal Defense Attorney will be able to explain or answer any question that you may have or that this guide does not fully answer.  If you need answers you can rely on - call the Rolloff Law Office today at (612) 234-1165.

Minnesota Criminal Defense - Top 10 Constitutional Rights

With all apologies to David Letterman... these are (IMHO) the 10 Most Important Constitutional Rights you and I have.  If you or a loved one is facing criminal charges, it is imperative that you understand that you have rights. The paramount one being the right to retain a Minnesota Criminal Defense Attorney. The accused is guaranteed the right to legal representation, whether the attorney is appointed for him or he hires a private attorney.

10.    Right to an attorney;
  9.    Right to effective assistance of counsel;
  8.    Right to cross examine and confront witnesses;
  7.    Right to testify on one's own behalf;
  6.    Right to remain silent;
  5.    Right to a speedy trial;
  4.    Right to use courts subpoena power to compel witnesses to testify;
  3.    Right to a jury trial (in most cases);
  2.    Right to an impartial jury; and
   1.   Right to produce evidence on your behalf.

Hmm... that seemed funnier when Letterman did it.  But seriously, these things are important.  If you find yourself charged with a crime you owe it to yourself to at least talk to an attorney about your options - and learn how a conviction could impact you both in the short- and long-term.  Court, judges, prosecutors --- this is all serious stuff.  Don't go it alone.

If you need answers to your legal dilemma, feel free to call the Rolloff Law Office at (612) 619-0262 to set up a free, no obligation consultation today. 

MN DWI - Alcohol Monitoring (Explained)

If you have been cited for a first or second-degree Minnesota DWI, you could find yourself subjected to alcohol-sensative monitoring time - even before you're ever found guilty and sentenced for a crime.  Upon arrest for certain Drunk Driving offenses, individuals face pre-trial conditions - often those include electronic home monitoring of possible alcohol consumption.

Often, as a condition of almost any DWI arrest, is abstaining from alcohol.  As the nature of those offenses becomes more serious - ie., that either the alcohol in your system at the time of the arrest was high and/or you have a history of being arrested for alcohol-related driving offenses - you could also be subjected to monitoring whereby you are constantly assessed to see whether you're in compliance with said condition. 

In the State of Minnesota, such monitoring is often invoked for people who fall into one of the following categories:

• A third alcohol related driving offense within the past ten years;
• A second such violation, if under 19 years old;
• A violation that occurred when one's license was already cancelled as inimical to public safety for a prior violation; or
• A violation involving an alcohol concentration of (.20) or more.

In addition to pre-trial monitoring, there can also be a post-sentencing condition imposed upon you as well.  According to state lawmakers, most third-time DWI offenders (and all DWI offenders under the age of 19) must submit to such "testing" for a for a period time while on probation - after they've been punished. 

What Can You Do?

Ask yourself this question: Are you ready to be monitored? It may not be up to you. But you can get the support, knowledgeable and experience of Minnesota DWI Attorney to help you and to ensure that your rights are protected and that the consequences imposed upon you are the best deal possible.

Call the Rolloff Law Office today to set up a free consultation.  Let me put my experience as a former prosecutor to work for you.  I'll use what the government taught me to your advantage.  Call today - (612) 234-1165.

Top 5 Police Mistakes (DWI Arrests)

Police are human and as such they make mistakes.  An experienced Minnesota Criminal Defense Attorney will find those errors and work them to your benefit - winning you the outcomes you desire  including the possibility of getting your case dismissed. These are the Top 5 mistakes your lawyer should look for.

#1 - Did the Police Have a Reason to Pull You Over?

Cops can't stop a vehicle on a hunch or because you look "funny." To be a valid-legal stop, an officer must sufficiently explain to the Court why he pulled you over - such as observing a violation of the law, like Speeding. However, if he can't do that, then any/all of the evidence he gathers after that should be dismissed. 

#2 - Did the Officer Assume Too Much?

If the officer notes an odor of alcohol coming from your vehicle - did he just assume that that odor meant that you were intoxicated?  Granted, such an odor might support an assumption that someone has been drinking; however, it is by no means an indication of intoxication.  If this is all the officer is relying you - your attorney might be able to make an argument that could see the charges against you reduced and/or dismissed.

#3 - The Field Sobriety Tests

These roadside gymnastics have taken on an all to real importance in Drunk Driving cases, as such they are ripe for ferocious argument when mounting a vigorous DWI defense. Areas that an experienced Minnesota DWI Attorney needs to attack are: (a.) did the officer fail to disqualify you if you were physically unable to pass these exercises; (b) were the tests conducted in an unfair manner - under less than ideal circumstances; (c.) were you properly instructed as to how to perform the tests; and (d.) does the officer know how to assess one's performance on these tests.

#4 -  The Implied Consent Procedure

Prior to requesting a sample of your blood, breath or urine, you must be informed of your right to an attorney. If an officer failed to do this and/or make resources available to you to contact a lawyer - then a real strong argument can (and should) be made that the results of the test you take should be excluded in their entirety. Test results should also be excluded

If the results are suppressed, your case is all but done - because the blood alcohol number is often the only thing that cases such as this turn on. 

#5 - Test Refusal - Did You Really Refuse?

If law enforcement decide that you refused the test (which is often more complicated when someone actually agrees to the test, but the officer reads their behavior to mean otherwise) a question can always be raised about whether you actually refused. A good Minnesota Criminal Defense Attorney will seek to address whether you were ever asked about any physical problem you might have had that made taking the test impossible or whether you were ever given the option to perform a test other than blood, breath or urine.

What Should You Do?

If you're like most people, you probably didn't know that the police made the kinds of mistakes that I've just laid out and/or you didn't know know that these mistakes could significantly help your case. Well, believe me - they can.  Big Time.

Since leaving the county attorney's office, I've used the inside knowledge I've been given to to defend individuals who've been charged with Drunk Driving.  As a former prosecutor, I know exactly what needs to be in a police report and/or testified to in court.  If it isn't there - I'll effectively make an argument to the court that could see your charges reduced (or dismissed) and your license re-instated.

If you've been arrested for a Minnesota DWI, you need experienced legal representation right away. Call the Rolloff Law Office to set up a free, no obligation consultation and I'll explain exactly what I can do to help you. Call today - (612) 619-0262.

Minnesota DWI Arrest - Get Your License Back

In July of 2011, the State of Minnesota instituted an almost wholesale change to the DWI Laws - especially as it regarded drivers licence revocations.

Unlike in the past, individuals arested for and/or convicted of Drunk Driving have new options open to them as it regards the revocation of the driver's license - including the option to almost immediately get back on the road by utilizing a device that will prevent their vehicle from starting if their breath shows the presence of alcohol.

What's New?

Granted, under the new law - repeat offenders and/or first-time DWI offenders (with a recorded BAC of .16 or greater) face longer periods of license revocation, but as a trade off  they now have a chance to drive their vehicles sooner if they choose to install an Ignition Interlock device in their vehicle.

Then, rather than facing the full revocation period, without the ability to drive (even with a limited license or work permit,) these individuals now have the option to pay for the installation of the device - and also a monthly fee - and could be back behind the wheel that much quicker.

After installing the interlock device, an individual ready to drive a vehicle must blow into the handheld alcohol sensor usually placed in the dashboard. The device will not allow the vehicle start, if it detects a sufficient amount of alcohol. In addition to keeping the vehicle from starting, it will also conduct rolling or random tests after the vehicle has already started.  This is apparrently designed to prevent a driver from allowing a sober person to blow into the device just to start the vehicle and to further prevent the driver from drinking while driving.

In theory, the purpose of the interlock ignition device is to help monitor drinking and driving activities while promoting road safety - and hopefully encouraging changes in behavior.

For those individuals charged with Drunk Driving who choose option, there's no doubt that they will be inconvienced - but not nearly as much as going without the ability to drive.

What You Should Do?

Are you in need of an experienced Minnesota DWI attorney?  If so, contact the Rolloff Law Office today for  the comprehensive legal services that you need to ensure the best possible resolution of your DWI case. Call today, (612) 234-1165 for a free, no obligation consultation.

DWI - Save Your Minnesota Driver's License

Just because you have been arrested for a Minnesota DWI (or refused to take the DWI blood, breath or urine test) does not mean that you will automatically lose your driver’s license.

If you've been stopped for a DWI - then, either on the night you were stopped or subsequently in the mail - you were probably informed that your license would be soon be taken away. 

If you drive after losing your license, you may have to pay a high bond or bail to get out of jail. Under Minnesota state law, you also will face another criminal charge - one that could see you facing jail time and a huge fine --- all of this in addition to the DWI consequences you could be up against. 

So, what should you do?

How to Save Your Minnesota Driver's License

Here are the most common steps that your Minnesota Criminal Defense Attorney should take to ensure that your driver's license is saved.

1. Request a hearing and demand the officers' presence. This will afford you and your attorney a preview of what evidence the government will rely on at trial, a rare thing when it comes to criminal cases. All officers involved in the case must show up and justify the actions which resulted in the revocation of your license.
2. Retest the sample, if possible. Testing errors may save your license.
3. Investigate the adequacy of the stop of your vehicle. The officer must have had a reasonable articuable suspicion that a crime or traffic infraction was being committed before he can legally stop you..
4. Investigate the adequacy of the arrest and request for a test. In most cases the officer must have developed probable cause to believe that you were impaired by alcohol before placing your under arrest.
5. Check the times of events. Officers must perform the tests within certain guidelines.
6. Check the labeling of the sample. It must be identified as being yours.
7. Demand an Implied Consent Hearing in front of a judge. Fabrications and other errors are often first noticed at these hearings.

How Do You Get Started?

If you've been charged a Minnesota DWI call the Rolloff Law Office at (612) 619-0262 and have me review your case for free.  The sooner you get started the better.

Minnesota DWI Conviction - SR-22 Insurance Form (Explained)

One of the hidden penalties of a Drunk Driving arrest, as discussed earlier, is the impact on your motor vehicle insurance. If you've been recently convicted of a Minnesota DWI you may be required to file an SR-22 Insurance Form before you can apply for the reinstatement of your driver’s license. 

As with all DWI related issue, it is important that you discuss this issue with an experienced Minnesota Criminal Defense Attorney to explore the options applicable for your specific situation.

What's an SR-22 Form; Why Do I Need One?

An SR-22 is an insurance certificate that individuals who have been convicted of DWIs and/other related offenses maybe required to submit. Generally, the form is filed by your insurance provider and is meant to prove your financial responsibility through a sufficient and existing liability insurance policy that you have with that provider.  If required such a form is required, you are often obliged to maintain an SR-22 insurance policy for at least three years, depending on the nature of your conviction.

The types of SR-22 forms that may apply if you've been convicted of Drunk Driving include: (i.) an Operator’s Certificate for when do not own a vehicle; (ii.) an Owner’s Certificate for vehicles you own; and (iii.) an Operators-Owners Certificate for owned and non-owned vehicles that you may use.

Where Do You Get SR-22 Insurance Policy Forms?

Auto insurance providers, who specialize in SR-22s, will have these forms. However, I would caution you to shop around - because some providers charge higher premiums than others. Shop around; remember, you're going to be required to carry this level of coverage for at least three years, you are going to need to factor cost into any decision to go with a vehicle insurance provider,  If you need help, contact your Minnesota DWI Attorney for a recommendation.

Then, once you settle on an insurance provider, you have to pay the processing fee and wait for the agency to send the proper request to the Minnesota Department of Public Safety - this usually takes approximately 30 days. If you're approved - you will receive the SR-22 form from the insurance company and a letter from the department stating the details of it.

One Important Reminder!

Never let your SR-22 lapse. Insurance providers are required by law to immediately notify the state if your SR-22 coverage runs out.  If that is the case - you could see your license revoked and you may have to go through the whole SR-22 procedure again - this could also include starting the three-year minimum period starting all over again too.

What Should You Do?

If you have been convicted of Drunk Driving, one of the most important discussions you'll have to have with your Minnesota DWI Attorney is on the whole SR-22 issue. Know this, the process isn’t easy, but with some assistance I do believe that you’ll find that it is in your best interest to submit to it if you wish to regain your driving privileges as soon as possible.


If you've been charged a Minnesota DWI call the Rolloff Law Office at (612) 619-0262 and have me review your case for free. 

MN DWI Law - Ignition Interlocks (Explained)

Although there may be some celebrating north of the border on July 1st as our Canadian cousins celebrate their country's birthday - here in the good old USA, and Minnesota specifically, the hip,hip hurrahs maybe in short supply. 

Come July 1, 2011, Minnesota is enacting new DWI laws that purport to substantially punish repeat offenders.  However, this new initiative may actually have the effect of getting Drunk Drivers back on the road sooner.  Specifically, the new legislation seeks to expand the use of Ignition Interlock technology- giving the violator the option of having one of these devices installed in their vehicle - in exchange for the chance to regain driving privileges sooner than what's afforded them under the current law.

Of course, as with most (new or established) government initiatives - there are going to be issues.  Some of the questions include: whether there is any guarantee that the device will be installed; how well will they work; should drivers that have a cancelled or revoked license be given the chance to regain their driving privileges so soon; and given that the device is a bit costly and may be optional to install, will it prevent most offenders from using it?

The State of Minnesota has set up an official ignition interlock website. However, as with most new laws, I and my fellow, experienced Minnesota Defense Attorneys have some concerns. Such as, not only will prospective users have to meet certain qualifications and follow rather precise procedures ... these devices could end up being very expensive to maintain and will most assuredly add to the financial penalties that a DWI causes.

What's new?

What is clear is that the new law may require first time Drunk Drivers with blood alcohol levels of (.16) or more - and all repeat offenders -  to install a breath-testing ignition lockout device on their vehicle. Proponents of these portable breathalyzers assert that they will keep vehicles from being able to be started if the driver's blood alcohol level is above (.02). The idea being --- If you are too drunk to drive, your car won’t start.

Costs

At the onset, the devices will cost approximately $50 to install and remove. On top of that, it may cost another $100 per month to monitor.

What Should You Do?

If this new legislation is any indication, Drunk Driving penalties are on the rise in Minnesota.  Therefore, it is more important than ever that if you or someone you love is facing a DWI charge that you seek out the services of an experienced Minnesota DWI Attorney - someone who knows what they're doing and who can ensure that you receive the best defense possible.

If you are facing a Drunk Driving charges, contact me today at (651) 234-1165 to set up a free, no obligation, consultation to learn about all of your options.

DWI Consequences - The Non-Criminal Ones

The criminal, civil and emotional consequences of a DWI arrest (and conviction) can be far reaching. The State of Minnesota, apparently expressing its rage at a certain lack of social responsibility, is increasingly levying stiffer criminal penalties on offenders - including assessing HUGE fines and LONG jail sentences. In addition to the criminal consequences that you could face if you are ever convicted of Drunk Driving, the "pain" does not stop there. If the government gets its way, you could also lose your driver's license, your license plates and even your vehilce.

Here are some of the potential Civil Consequences you could be subject to if you are ever found guilty of a Minnesota DWI.

1 - Driver’s License Revocation - Often more problematic than the fines you could be forced to pay and the prospective jail sentence you could be asked to serve is the loss of one's privilege to drive. Think about it, most of us drive ...  everywhere? You need to drive to work, to the grocery store, to take your kids to school, to day care, etc.  Well, if your charged with a DWI (yes, just charged - you don't even have to be found guilty to suffer this consequence) - you could lose your driver's license for a substantial period of time. 

Depending on your history - whether you've had your license suspended/revoked previously as the result of drinking and driving - the actual amount of time you will "lose" your license can vary. 

As an example:

For a 1st time, Misdemeanor DWI offense - your license can be revoked for up to 90 days; however, there does exist the chance that you could see it re-instated as soon as 30 days into the process. 

For a 1st time, Gross-Misdemeanor offense (where you were tested and your blood, breath or urine returned a Blood Alcohol Content ("BAC") result of .20 or greater) you could lose your driver's license for up to 180 days. If this was the 1st time you were ever stopped for DWI and you refused to submit to testing - your license could be pulled for up to 1 year.

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As a point of explanation, "1st time" DWI includes first ever offenses and any 2nd, 3rd, 4th, etc offense - if those additional offenses occurred at least ten years after your last such offense.

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On a 2nd (in ten years) Minnesota DWI where your blood, breath or urine test returns a result of .08 or more - but less than .20 - you could lose your license for up to 6 months. If you refuse to test and/or your test result was .20 or greater - then it will be pulled for one-year.

A 3rd DWI Minnesota DWI where your blood, breath or urine test returns a result of .08 or more - but less than .20 - and/or if you refuse to submit to a test, you driver's license could be revoked for up to a year. If the test is over .20, then it could be two-years.

A 4th DWI - incurred over a ten year period - where your blood, breath or urine test result is .08 or more - but less than .20 - and/or if you refuse to submit to a test - the revocation period is three-years. If your test came back at .20 or more, then it could be six.


What most people, who fail to hire a Minnesota DWI Attorney, fail to appreciate is that in order to preserve you driver's license - you have to challenge the validity of the revocation in a proceeding that operates outside of your Criminal case. 

Although this is not the full list of the potential consequences you could suffer, know this: an experienced Twin Cities Drunk Driving Lawyers can fully inform you and assist you in this process. If you're facing a DWI charge, the first, best step you can take is to immediately speak with a lawyer - and learn your rights.

2 - You Could Lose Your License Plates -  Here's one that always baffles even me - a DWI arrest might cause you to lose you vehicle's license plates. As a matter of fact, you could also have the license plate on every vehicle titled in your name pulled. Now, you will get new plates - but you're probably not going to like them because they're the well-known, embarrassing, and non-too-attractive "Whiskey Plates."

Plate impoundment is, like the potential loss of your driver's license, an administrative sanction that can be imposed quickly and in most cases occurs subsequent to a Drunk Driving arrest - and a conviction is not required.

Your plates could be subject to impoundment if any one of the following factors exists:

a.You have a prior DWI violation - sometime in the past 10 years;
b.The test result in your current DWI arrest is .20 or greater;
c.The DWI occurred at a time when there was a minor (someone 16 or younger) in the vehicle at the time; and
d.You were arrested for the offense of Driving After Cancellation (of your driver's license) whether or not you were intoxicated or not.

As a direct result of a Minnesota DWI offense, more than just the vehicle you were driving at the time of the above-listed offense.

The vehicles that could also be subject to plate impoundment include:

a.The vehicle used in the current offense - even if you're not the owner; and
b. Any other vehicles owned, registered, or leased individually in your name alone or jointly in your name and that of another person.

As with driver's license revocations, plate impoundments operate on a fairly tight deadline schedule. Failure to comply - or request a hearing within in the time set out in the impoundment notice (usually 30 days) will result in your inability to challenge the government's impoundment.

3 - The Government Can Take Your Vehicle - If you are charged with a crime in which a vehicle was used - like a DWI, your vehicle may be subject to forfeiture.

Minnesota DWI laws - specifically as it relates to 2nd Degree and/or Felony DWI offenses - provides that the forfeiture of the vehicle used in connection with a DWI is presumed - meaning that it can be taken without a ruling from a judge, unless you takes action to prevent it. Should a you wish to stop the forfeiture, you must file a judicial demand for forfeiture within 30 days of receiving the state's notice.

There are many legal ins-and-outs when it comes to vehicle forfeitures. Know this, just because the government says they intend to take your vehicle does not mean that they will get to.

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As you can see, from your driver's license, to your vehicle's license plates, to the vehicle it self - getting a DWI in Minnesota means much more than a fine and the possibility of jail or community service. Therefore, it is important that you speak to an experienced Minnesota DWI Lawyer. He or she should be able to examine your case, explain what consequences you could be facing (both the criminal and the civil) and set forth a strategy to fight for you in court.