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 They also have the ability to withdrawn your privilege to drive by suspending, revoking or cancelling it if you are found guilty of  following serious or frequent traffic violations.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If you plead guilty and your license is withdrawn, DPS will send you a notice of withdrawal and a list of requirements to have your driver’s license reinstated.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

What is Minnesota Gross Misdemeanor?

As an experienced Minnesota Criminal Defense Attorney, I get lots of questions.  Here's a common one:

What is a Gross Misdemeanor?

Under the laws of the State of Minnesota, a gross misdemeanor is a category of criminal offense that is punishable by a fine of up to $3,000 and/or one year in jail. 

Gross misdemeanors are considered more serious than misdemeanor offenses, but they are not as serious as felonies. If you have been charged with a gross misdemeanor, it is your right to secure the services of a highly qualified Minnesota Criminal Defense Lawyer. 

Although a gross misdemeanor may not seem serious, the consequences of a conviction can follow you for the rest of your life. By fighting the charges, you may be able to minimize – or in some cases, completely avoid – the consequences.

A List of Gross Misdemeanor Offenses

• Repeat assault offenses
• Refusal to Submit to Testing
• Some DWI offenses (such as repeat violations or high alcohol readings)
• Certain other traffic violations
• Fifth Degree Criminal Sexual Conduct
• Interference With a 911 Call
• Prostitution and some other sex crimes. 

When you hire an experienced Minnesota criminal defense attorney, you will receive the guidance that you need throughout the legal process. The Rolloff Law Office has helped many individuals throughout Minnesota with defending against gross misdemeanor charges.  A conviction can lead to fines and jail time. The judge may also order counseling, house arrest, restitution or community service. This is in addition to the conviction that is present on your criminal record, which can be seen by potential landlords or employers, financial institutions, or anyone else who might be curious. Even a non-felony theft conviction can cause you problems in the long-term, putting your future at risk. Your attorney will help you by giving you the comprehensive legal help that you need to get the best result in your case.

Call today, for a FREE CONSULTATION: (612) 234-1165

Hennepin County Driving After Suspension (Explained)

The loss of your Minnesota Driver's License can complicate so many things ... and lead to tickets/criminal charges ... that you should know your rights.  

As  a Minnesota Criminal Defense Attorney, I have helped hundreds of people with this problem.  Hopefully some of the information that I have offered here helps.  If you need to know more, please feel free to call the Rolloff Law Office: (612) 234-1165.

Driving After Cancellation (DAC), Driving After Revocation (DAR), Driving After Suspension (DAS), and Driving After Disqualification 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 Drunk Driving arrest or conviction. 

The Law

These offenses are governed by Minnesota Statute 171.24, which reads:

[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. 

If the “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.” 

Consequences

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 steeper.  

Minnesota Statute 168.041 subdivision 2 states, 

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 a third party.  If you want to work to get your privledge back and/or keep the consequences to a minimum, call the Rolloff Law Office to set up a FREE CONSULTATION - today: (612) 234-1165

Arrested and Jailed on the Weekend (Explained)

All though law enforcement works 24/7/365, the Courts often operate on a schedule more akin to "banker's hours."  As such, it is all too common that someone arrested on a Friday night for something like Drunk Driving might find himself held in custody until he can see a judge on Monday or Tuesday morning.  As such - your obligations, your family and your job might be placed in jeapoardy. 

What Should You Do?

As an experienced Minnesota Criminal Defense Attorney I can work on your behalf to get bail set on the weekend - and get you or your loved one out of jail.. 

I've had success having reasonable bails set and getting my clients out of custody so that they can get to their jobs and minimize the initial impact of an arrest.

If you or someone you love has been arrested, contact the Rolloff Law Office at (612) 234-1165 or jay@rollofflaw.com to learn  how to fully exercise your rights and to fight for your future.

Minnesota Assault/Domestic Assault Charges

If you're facing an Assault charge, the first thing you have to understand is that law enforcement is not your best ally and often they are not on the scene to help you.  Believe me, because it is not illegal for the police to lie to you in the midst of an investigation. Therefore, if you do talk to the police about any infraction - without an attorney present - you do so at your own peril.

What Should You Do if You're Being Investigated?

#1 - Do not talk to the police. Be polite and courteous, but refuse to discuss with law enforcement their investigation. If they persist, plainly and repeatedly tell them that you do not want to talk with them, that you want a lawyer present, and that you want to remain silent. Never allow yourself to be tricked or coerced by the police.

#2 - Don't talk to others.  Remember, anything you say about the case to anyone, including most family members, can be used against you in court. Many people I've met with, after complying with step #1, make the mistake of confiding in someone - only to later have those conversations come back to haunt them  Granted, if you've made such statements, they can be dealt with; however, if you have not - then don't.

#3 - Never agree to anything - without the advice of a lawyer. This means, never give law enforcement permission to search anywhere, draw your blood or discuss the case with you.

#4 - Never resist arrest. If an officer is seeking to arrest you, be polite and cooperative. Inform the officer that you will go along peacefully. It is also important to immediately inform the officer - or any officer who tries to question you - that you will not talk without an attorney present.

#5 - If you are arrested - tell the police that you wish to make a telephone call. It is essential that you get a lawyer involved in your case quickly. If you call family or friends have them contact an experienced Minnesota Criminal Defense Attorney.

As an attorney for the government, I prosecuted dozen upon dozens of Assault and Domestic Assault cases.  Often, they were the most difficult files I handled.  Let me put my experience - working from the other side of the aisle - to work for you.  My insiders perspective has won my clients the results that they desire.,  Call the Rolloff Law Office today to set up a free, no obligation, consultation.

Top 5 Minnesota Assault Questions

Minnesota Assault charges and thier close relatives - Domestic Violence cases - are often the most difficult kind of legal affair. This goes not only for the person charged but also the other parties involved.  If you've been charged with an Assault, as a former prosecutor, I know what you're up against.  In general, the laws are set up to protect the victim. For this reason, you need an experienced Minnesota Criminal Defense Attorney on your side, to get your voice heard, to argue your position and to protect you and your rights during every stage of the criminal justice process.

The Top 5 things you need to know about a Minnesota Assault charge

#1
There are two different types of Minnesota Assault charges. In Minnesota, there is the charge of just "plain" Assault and then there's "Domestic" Assault.  What makes an Assault a "Domestic" Assault?  Generally speaking, "Domestic" crimes are those that occur between people who have a significant relationship with one another - from a wife, to a sibling to a roommate.  The definition is broad and tends to cover almost everyone but a stranger.  Why is it important - this difference?  Well, one big part of that is the fact that if you plead guilty to “Domestic” Assault you will be banned, by federal law, from owning or possessing a firearm - for life. This means you cannot hunt or possess a firearm - for any reason at anytime.

#2
An experienced Minnesota Criminal Defense Attorney can gives you the best chance of getting your case dismissed or having the charges filed against you lowered. Why is this important?  Because, if you plead guilty to, or are found guilty of, assault - you face HUGE complications when it comes to your next job or finding a place to live.  The true fact of the matter is, people are reluctant to hire individuals who have been convicted of crimes of violence - like Assault.

#3
Most individuals charged with Assault will be ordered to stay away from the alleged victim.  Why is this important?  If a judge orders you to not have contact with someone else - if you violate that order you could be charged with another crime: Violation of  a "No Contact" Order.  Also, a "no contact" order could have the effect of barring you from your own home.  If you hire an experienced Minnesota Criminal Defense Attorney, he can assist you in getting that type of order lifted or modified so that you don't run the risk of making an already bad situation worse.

#4
Physical contact is not necessary to be charged with Assault. Minnesota law (link) dictates that in addition to touching or physically harming another, an individual can also be charged with an Assault just by causing someone to fear harmful contact.  Believe you me, this does happen.  Why is this important? Often cases like this come down to a "he said - she said" argument (especially where there are no physical injuries) and often the only way you're going to get someone to listen to your side of the story is by having your lawyer tell it for you.

#5
Your Fifth Amendment Privilege.  In some cases, where what was really a mutual Assault - both parties can be charged with a crime. Why this is important? In this situation, an effective defense strategy can often involve getting both parties their own witness attorneys, to checkmate the prosecution and get the charges dismissed outright.

What Should You Do
If you have been charged with an Assault you are probably afraid and uncertain of what to do or where to turn. Right now, the best decision you can make is to consult with a Minnesota Criminal Defense Attorney. Contact the Rolloff Law Office to speak with me. I have worked dozens of these cases - from both sides of the aisle.  I have the experience needed to guide you through the unfamiliar territory of the criminal justice system and provide you the honest answers you need at this very difficult time. Call today to set up a FREE, no obligation consultation. 

Minnesota Speeding Tickets - 100 MPH or More (Explained)

As we're all too well aware - there's winter and then there's a Minnesota winter. Well, in Minnesota there's Speeding - and then there's Speeding (in excess of 100 m.p.h.) 

During the month of July, law enforcement in the State of Minnesota issued over 70 tickets to drivers traveling at speeds greater than 90 m.p.h.  Believe it or not, twenty-one of those individuals topped the triple-digit mark - 100 m.p.h.

Tickets (Explained)

The average cost of a speeding ticket in Minnesota is about $120 (including all fees and surcharges) for those clocked going about 10 miles an hour over the limit. Motorists stopped at 20 m.p.h. over the limit face about double the fine. But, when clocked at speeds that start approaching triple digits --- the penalties handed out by judges can include fines of up to $1,000 and a 90 day jail sentence.  In addition to that, those driver's ticketed traveling more than 100 m.p.h. can lose their driver's licenses for six months.  See Minn.Stat § 169.14 (link)

What Should You Do?

No matter the infraction, if you want to ensure that your rights and freedoms are upheld and fought for - against the big, bad government - you need to seriously consider getting an experienced Minnesota Criminal Defense Attorney to take your case. Granted they can't always work miracles and just have the charges go away, but they can take the sting out of the penalty that the government's seeking to have you suffer. 
I've been successful in getting fines reduce, jail time thrown out and license revocations shortened or withdrawn in their entirety. If you want someone on your side, let me use what I learned as a former prosecutor to win you the results you desire. Call today to schedule a free, no-obligation consultation, today.

Do Not "Just Plead Guilty" to a DWI - Ever

There are things you regret in life, right?  Lost loves; great deals gone bye-bye, that time you should've zigged - but instead you zagged...  I am all for feeling down about the dumb things we do. The fact is we're human beings (as opposed to robots) and from time to time we will do dumb things - a lot of dumb things - and afterwards we often feel bad about it.  That being said, if that dumb decision leads to you being charged with Drunk Driving, don't compound the situation by doing something even dumber. Seriously, if you've been charged with a DWI (or any other crime) you owe it to yourself to speak with an experienced Minnesota Criminal Defense Attorney to help you with the situation. Here's the reason why.

A DWI conviction is unlike every other criminal conviction. There is no doubt that Drunk Driving is a bad thing, but so is driving while texting. But, because DWI has been saddled with such a negative connotation, lawmakers have created some extremely harsh penalties. For example, there are often mandatory jail sentences for first-time offenders, in addition to mandatory fines, license suspensions, increased insurance rates, and as of July 1, 2011, (here in the State of Minnesota,) the possibility of mandatory interlock ignition equipment. You'll also most likely be ordered to perform some sort of community service, submit to a mandatory alcohol assessment (and to follow all of the recommendations that come from it) and there is often a probationary term. If you hire an experienced Minnesota Drunk Driving Attorney, like me, to help you, a great deal of that can usually be avoided.

Alas, far too many people assume that because they've been arrested (for doing something "wrong"), they should own up to it. No offense, but if you do that, you're foolish.

In our state's criminal courts it's the government's burden to prove that the accused is guilty - beyond a reasonable doubt. That is a right that our forefathers fought for - why not use it?  If you go into court, believing that your doing the "right" thing by just pleading guilty - and expecting the system to understand - I'm sad to say, it just doesn't work like that.

What you get for your trouble is a DWI on your record -and everything that goes along with it. But, if you taken the time to hire an experienced Minnesota DWI Attorney and set him to go to work for you - you'll have someone on your side giving your desires a voice and you'll know that your rights will be protected.

In the end, we all get to make our own decisions - we all get to make our own mistakes. But every hard lesson need not come with the most severe punishment  Being altruistic, falling on your sword to show you take responsibility for what you've done, doesn't really win you any points with anyone. All it does is make your life harder.

If you are charged with a DWI, don't just go in and just plead guilty. Hire an experienced Minnesota DWI Attorney as soon as you can, and fight for your rights. Not only does this decision help you have some say in the punishment you'll receive, it will also demonstrate that in fact you are taking this matter seriously.