Minnesota DWI Court Process (Criminal Cases)

Minnesota Drunk Driving cases - once they end up in court - go down a couple of different roads.  If you are arrested for DWI, not only will you be subjected to the possibility of criminal consequences but in another proceeding (unrelated to the criminal charges) you'll also be faced with the dilemma of losing your driving privilege. 

Here, we'll cover the criminal case DWI process - in another post I'll describe the civil case process.  Of course, this is but a rough out line of what you could face - as each Minnesota DWI case is different.  If you've been arrested for Drunk Driving, your best bet is to speak with a Minnesota Criminal & DWI Attorney about your unique options.

Minnesota DWI Criminal Process
Throughout your case, you may be required to attend a number of court appearances. 

1. The Arraignment

This court appearance is the first court appearance scheduled when the crime being charged is a misdemeanor or lesser offense --- not a gross misdemeanor or felony.  Your presence at this appearance may or may not be required depending on the county and/or court in which you are being asked to appear. 

If you are charged with a misdemeanor DWI, you can often avoid appearing for this first court date by hiring an experienced Minnesota DWI Attorney.  If your appearance is necessary, this is simply an opportunity to either:  (a.) enter a plea of not guilty and schedule a pre-trial (explained below) or (b.) attempt to resolve your case either through dismissal of charges, plea negotiation or other available means. 

 2. Pre-Trial Hearing

This "2nd" appearance goes by a number of different names.  Generally speaking, your presence at this appearance is required. In short, this court appearance is simply to determine if the case can be resolved without the need for further court appearances. 

This appearance is an opportunity for your attorney to:  (a,) speak with the DA about the status of the case and possible resolutions; and/or (b.) arrange for the exchange of additional evidence; and/or (c.) schedule a Contested Probable Cause Hearing (explained below); and/or (d.) schedule the matter for Trial.  In any event, typically no evidence is presented at this hearing and no witnesses need be present.

 3. Contested Probably Cause Hearing

Again, your presence at this court hearing is often required.  At this hearing, your attorney will either:  (a.) request that the Court dismiss all or some of the criminal charges against you; and/or (b.) request that the Court not allow the prosecution to admit some or all of the evidence against you (which can sometimes lead to the dismissal of the charges referenced above). 

Normally, this court appearance will require the presence of any arresting officer or other persons who participated in gathering any evidence that would be offered by the opposing party against you.  On occasion, it may be necessary for your attorney to arrange to have witnesses (who can testify on your behalf) to participate at this court appearance.

4. Trial

Your presence at this court appearance is definitely required.  At this appearance, your case will either be resolved (discussed in general in the Arraignment section above) or continued to a trial.  You have a Constitutional right to have a trial before either (a.) a jury of your peers or (b.) a Judge In either event, you are presumed innocent unless and until the prosecution meets its burden in proving all the elements of the crime charged beyond a reasonable doubt.

5. Sentencing
Your presence at this court appearance is also required.  At this court appearance, the Judge will hand down your sentence (if you have plead guilty and/or have been convicted,) which may involve the stay of imposition of time in jail, fines and other conditions of which you must abide by during the term of your probation.  An experienced Minnesota DWI attorney may be able to negotiate an alternative to jail - such as treatment, Electronic Home Monitoring, release programs or community service.  If your case comes to this, we'll have an opportunity, prior to the sentencing, to discuss the possible outcomes.

Before any of what is set-forth above, if you have been arrested for a DWI, you owe it to yourself to speak to an attorney to learn what's in store for you.  Call the Rolloff Law Office today - at (612) 234-1165) - to speak to someone who knows what you'll need to know.  All initial consultations are FREE - so do it!

Minnesota Domestic Assault Charges

Domestic violence is one of the ugliest crimes, because it occurs between people who are supposed to love and respect one another.  Often, it can be used as a form of manipulation and control, leaving long-term scars on its victims, but unfortunately unfounded allegations of such activity can have lasting effects on the falsely accused.  If you've been charged with Domestic Assault - you need to be aware that this is a serious matter that could lead not only to a fine and jail time - but could also have life long impacts on you and your freedoms.  Therefore, if you were planning on represent yourself, you may want to reconsider.

Experienced Minnesota Criminal Defense Attorneys who specialize in Domestic Assault cases are usually skilled negotiators and often a good deal is better than taking one's chances in front of a judge or jury. I've worked hundreds of cases like this - from both sides of the aisle.  I know what needs to be done - and why - to earn my clients favorable outcomes. 

The Next Step

If you or someone you love has been charged with Domesti Assault you should have an experienced Minnesota Criminal Defense Attorney by your side to talk you through this often difficult process. Not only to address what might happen with the courts, but to also fill you in on the wide-ranging and often unforeseen collateral consequences.

As a former prosecutor, I am quite aware of how these cases are handled. Understand this, you might want to go it alone --- but the procedural aspects of these cases are quite unique. And, to do-it-yourself --- well, you do so at your own risk. 

If you find want help, don’t hesitate to contact The Rolloff Law Office for a free consultation to discuss your case. Call today: (612) 234-1165.

Minnesota Domestic Assault (Explained)

If you have recently been charged with Domestic Assault, more likely than not you've have come all too familiar with the acronyms - DANCO, OFP and/or HRO.  Although all have there differences, the bottom line with each of these court orders is STAY AWAY.

What Are These Things?

• OFP stands for Order for Protection;
• HRO stands for Harassment Restraining Order; and
• DANCO refers to a Domestic Assault No Contact Order.

  

How Do They Work?

Almost anyone can go to court and ask for either an OFP or an HRO.  (The other "no contact" order, the DANCO, is usually issued only by a judge as a part of a matter involving Domestic Abuse - preventing the individual charged does not have contact with the alleged victim while the case is pending.

  

OFPs and HROs are very unique and powerful orders.  They are unique due to the fact that a Court can (and often does) grant them without a hearing or even notice to the other party. Granted, the individual who is subject to the "no contact" order can ask for his/her day in court - but that process is highly time-sensitive and can be quite complicated.  Moreover, if an order is granted against you and you violate it - you could be subject to criminal charges.  This is why it is essential you speak to an experienced Minnesota Criminal Defense Attorney. 

  

Often, someone requests an OFP or HRO for their own protection by filing a motion with the court and submitting an affidavit that alleges unwanted contact or hear of harm.  If the court decides that that individual has met initial burden to show that domestic assault or harassment occurred, the court will issue the appropriate order and direct law enforcement to serve the order.  If the party on whom it is served, that person can demand a hearing, put his or her side of the story into consideration, and then ask the judge to decide whether or not the order should continue, be dismissed, or modified in some way.

Why You Should Be Concerned.

  

Many of these orders, if granted by the Court are quite powerful. Even the slightest violation is subject to criminal penalties and prosecution.  And, depending on what sort of criminal history the party charged has, the slightest slip-up opens that person up to charges that could be as serious as a Felony. 

  

What Should You Do?

What you've read here is a very general background on these orders.  If you or someone you love is the subject of one of them - or worse - has been alleged to have violated one, you should have an experienced Minnesota Criminal Defense Attorney on your side to talk you through this often difficult process.  Not only to address what might happen with the courts, but to also fill you in on the wide-ranging and often unforeseen collateral consequences.  

As a former prosecutor, I am quite aware of how these cases are handled.  Understand this, you might want to go it alone --- but the procedural aspects of these cases are quite unique. And, to go it alone --- well, you do so at your own risk.  

If you find want help, don’t hesitate to contact The Rolloff Law Office for a free consultation to discuss your case.  Call today: (612) 234-1165.

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.

Minnesota DWI and Criminal Attorney Fees (Explained)

Whether or not you've dealt with an experienced Minnesota Criminal Defense or DWI Attorney before, you probably assume one thing - it's going to be expensive. And, if you're like me or like most people, you want to get the best lawyer possible for the lowest amount of money, right?

Although I agree that price is a valid factor to consider, you also need to acknowledge this: the Minnesota DWI Attorney that you decide to hire is going to be trusted with a lot of responsibility. He will be holding your life - and your future - in his hands.

If he fails to do the work, put forth the effort or pick up the phone when you call - it's not him that will pay the price.  Rather, you (and you alone) will be the one who could end up in jail, paying huge fines and losing everything that is important to you.

In the end, you need to ask yourself this: What is my freedom, my hard earned money, and my reputation worth to me?

With So Much at Stake, Do You Really Want the Cheapest Option?

Some people can be scared off by the fees I charge.  Now, I'll guarantee you I'm not most expensive Minnesota Criminal Defense Attorney out there, but I'm also probably not the cheapest either.  I charge what I charge because I provide more value than the attorneys out there selling you on price. What I offer is, unlike other Minnesota DWI attorneys, great legal services that earn my clients the results that they desire.  I can also assure you that at the end of the day I'm doing everything I can to protect you, your rights and your future. 

Do This Now

If you think you need a Minnesota Criminal Defense Attorney to help you - odds are you really do need one.  Hey, I'm ready to help. I offer FREE CONSULTATIONS and am ready to help you now.  Call the Rolloff Law Office today at (612) 619-234-1165 to find out how.

Minnesota DWI - Asleep at the Wheel (Explained)

You can imagine that as an experienced Minnesota DWI Attorney I get asked a lot of questions from friends and family about how to avoid a Drunk Driving arrest. 

The most common of these often touch on the all too real belief that if they've had too much to drink, and they realize as much while they're driving, the best thing to do is to pull over and just sleep it off. 

In a lot of common sense ways this would seem to make sense; however, as was the case with this poor man from northern Minnesota (link) if the keys to said vehicle are anywhere in your immediate vicinity - you could be arrested and convicted of a Minnesota DWI.

Minnesota's DWI Law - Physical Control

In Minnesota, the law states that you can be charged with Drunk Driving if you have “physical control” over a motor vehicle when you have a blood alcohol level over the legal limit. And, by the looks of things, the courts take a rather expansive view of the that term - physical control.  So that if someone is in a position to even exercise the slightest dominion over their vehicle (and that much difficulty make the vehicle a source of danger) law enforcement is well within its rights to arrest you. 

Granted this interpretation begs all sorts of questions.  Such as: What if someone is merely walking to his or her car in the parking lot of a bar, after they've had too much to drink, with their keys in their pocket and merely intending to get something from inside it; or if someone is just doing some repairs on their hot-rod in the garage or drive-way and enjoying a few 'pops' while doing do --- What kind of liability are these people subject to?

What Should You Do?

There's the common law and there's common sense - and often the two do not always jive.  If you've been arrested for a Minnesota DWI - whether you were driving or not - your next, best move is to contact an experienced Minnesota DWI Attorney to learn your rights.  As a colleague of mine is fond of intoning, just because you've been arrested that does not mean you will be convicted.  Talk to someone who knows what they're doing - and learn how to fight for common sense interpretations of the law.

If you need to discuss a DWI arrest contact the Rolloff Law Office.  I have extensive experience, from both sides of the aisle - in assisting individuals charged with Drunk Driving.  Call (612) 234-1165 to set up a free DWI consultation - today.

Minnesota Court Appointed Lawyers (Explained)

If you are charged with a crime in the State of Minnesota, you have a right to be represented by an attorney.  If you can't afford one, the court can appoint one for you.  These people are called public defenders. Often I'm asked: which is better  a court-appointed attorney or a private lawyer?  Well, in the end, that depends on you, your case, and what you'd like to see happen.

Court-appointed lawyers are assigned based on an individuals ability to pay.  The less wealth you have, the better your chance of getting a "free" lawyer.  That being said, at no time are you ever required to settle for a court-appointed lawyer. As is your right, you have the option of representing yourself or hiring an experienced Minnesota Criminal Defense Attorney.

As a matter of fact, a number of my clients have originally had a court-appointed attorney, but later chose to leave that person and hire me. 

Why?  Well, I'm often told that my clients come to me because their court-appointed attorney is failing to give their case the attention and aggressiveness a proper legal defense requires.  Believe it or not, I get their point.  By no fault of the public defenders, they are often overburdened - working file after file to keep up with the demands of the system.  In the end, because they have so many clients, they can't bring the same level of detail and attention to your case that a private attorney can.

What Should You Do?

Any time that you don’t believe that you are being well represented by your public defender, there are a number of fixes available. First, you always have the right to hire a private attorney to assist you. Often times clients begin a case without the financial ability to hire counsel and then have their situation change. Sometimes, it takes time to gather up the resources needed to retain the right lawyer.  But, know this: you can replace attorneys at any time during your case.

At the Rolloff Law Office, I have clients who have hired me - after firing their court-appointed attorney. Given the choice between representing themselves (which is never recommended) and hiring an aggressive, tenacious, and experienced Minnesota Criminal Defense Attorney, the decision is usually very clear.

Call today to schedule a free initial consultation. I'll give your case the respect and dignity it deserve.  Listen, I don’t "farm out" your case, or have 50-100 others on my desk at any one time. I work all of my own files. My attention and focus is on you. 

If you need someone by your side to get your case back on track - call me today at (612) 234-1165 and let's get things rolling.

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 - Prescription Drugs & Cold Medicine (Explained)

Many of you have probably have heard of Drunk Driving, DUI and/or the phrase "driving under the influence," but  do you know exactly what that means?

Some might say it just means driving under the influence of alcohol or illegal drugs like marijuana. That's correct - but, what many people fail to realize is that it also means that a person can be charged with a Minnesota DUI when he or she drives a motor vehicle under the influence of legal substances - like drugs prescribed by a doctor and even cold medicine.

In the State of Minnesota, it's true that people will face DUI charges if they have a blood alcohol concentration (BAC) of (.08) or more. But it's also true that a driver can be charged with a Minnesota DUI even if they haven't even been drinking at all.

Believe it or not, the police can pull over and cite drivers for driving under the influence of any substance - legal or otherwise - if they find, for example, that that substance has influenced their ability to drive. 

What Should You Do?

If you or someone you care about has been arrested for a Minnesota DUI, you'll need someone who knows how to contest these charges.  I'm an experienced Minnesota Criminal Defense Attorney.  Call me today to set up a no-cost consultation to discuss what the Rolloff Law Office can do to protect your rights - and your future.

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 DWIs and Public Defenders

The person who represents you in court is often the most important decision you'll make - if you've been charged with a crime. Many individuals who find themselves arrested for Drunk Driving must decide whether they will hire an experienced Minnesota Criminal Defense Attorney to represent them --- or request that the court appoint a public defender to do so.

So what are the differences?

In addition to the criminal charges you'll face - if you've been charged with Drunk Driving, understand this: the state has also implemented a civil lawsuit against you called an Implied Consent proceeding.  Since this is not a criminal action, a public defender does not represent you for that case; however, a private attorney would.  And know this - for a number of individuals the Implied Consent Hearing has as big of an impact on their future as does the criminal case.

Another major distinction between a public defender and a private Minnesota Criminal Defense Attorney is the number of actual open cases that a public defender has going at any given time - a number that seems to get larger and larger because of the government's current budget woes. 

Granted, public defenders are probably some of the best legal minds going, but due to the time crunch they face they just can't give their clients the personal attention one would expect when going through something as serious as this.

What Should You Do?

While public defenders are exceptional attorneys, due to the extent of their work load they cannot always provide the time and attention a client needs.  Private, experienced Minnesota Criminal Defense Attorneys can litigate the criminal and the Implied Consent portion of your case and they can spend the time necessary to ensure the best possible outcome for you.  If you need help with a legal matter, feel free to contact the Rolloff Law Office and schedule a free, no obligation consultation - today.

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. 

You Need a Lawyer - The Right Lawyer

After resolving the question of whether you actually need the services of an experienced Minnesota Criminal Defense Attorney - if you've been charged with a criminal infraction - your attention should then turn to: Who do you hire? 

First, know this - you will have almost no chance of getting the result you desire for your case if you choose the wrong attorney.

 
The sad truth is that, like with any profession, there are some good Minnesota Criminal Defense Attorneys and some ... not so good one.  This is especially true in the area of Minnesota DWI law. 

If you are facing Drunk Driving charges - of any nature - you must recognize that you're going to up against experienced prosecutors who come to court armed with professional, trained, government witnesses (cops) and a slew of "scientific” evidence - all purposed on convicting you. Therefore, it's important that you have someone on your side who can help mount a strong defense.  Someone who knows and understands the government's schemes, tactics and motivations - inside and out.

My experience as a former prosecutor affords me the sort of insider's perspective that has helped my clients win the results they desire.  

In the context of DWI cases, I'm sure we all know someone who has had an experience with an attorney who's only strategy was to quickly plead his client guilty - without conducting a proper investigation into the facts and/or challenging the government's evidence.

Why? 

In my opinion, it's because too many lawyers in this area do not have the knowledge and training required to properly go after the government's so-called "scientific" evidence - like the blood, breath and urine samples they often rely on to convict you.  As such, they give their clients bad advice - rather than admitting to their own shortcomings.

I often have to explain to clients that just because you've been charged with an offense - it does not mean that you will be found guilty of it. However, being innocent or wrongly accused often (unfairly) isn’t enough. Sometimes you need to have an experienced Minnesota Criminal Defense/DWI Attorney on your side to gather the resources necessary to aggressively defend you.

I take pride in the fact that I am not only prepared to take on representation of my clients - in the same manner and style I would for a family member or loved one - but also that I'm dedicated to winning my clients the right results by employing every tool that the law will allow. 

Minnesota DWIs - Physical Control (Explained)

In 2008, almost 36,000 DWI convictions were logged in the State of Minnesota.  That same inventory reported that nearly 1 in 8 adult Minnesotans have a DWI on their criminal record.

That being said, as you may well be aware, it's not against the law to drink and drive.  Yes - you heard it here - you can drink and drive and not be charged with a crime. 

So, what is it that gets you arrested for Drunk Driving?  Minnesota's DWI law makes it a crime to:

Drive, Operate, or be in Physical Control of any motor vehicle - anywhere in the state while: 

• under the influence of alcohol, a controlled substance, or (knowingly) a hazardous substance, or any combination of these;
• having an alcohol concentration (AC) of .08 (.08 is defined as .08 percent alcohol concentration or 8/10,000ths by volume) or more at the time, or within two hours of driving, operating, or in physical control;
• having any amount of a schedule I or schedule II controlled substance (other than marijuana) in the body; or
• if the vehicle is a commercial motor vehicle, having an alcohol concentration of .04 or more at the time, or within two hours of driving, operating, or in physical control or a motor vehicle.

As with any well (or poorly) written law, there are any number of terms that only a Minnesota DWI Attorney could love. Sure, the terms "drive" and (to an extent) "operate" are fairly straight forward, but, what about "physical control" - what could that mean. 

Physical Control

In an attempt to keep as many people who have been drinking from getting into their vehicles and driving, the Minnesota Supreme Court has interpreted the term "physical control" quite broadly - incorporating conduct that would only make sense to a judge and/or a lawyer.

Such as, did you know - an intoxicated person who has been found in a parked car, with the keys in his or her pocket, is in "physical control" and can arrested and charged with a Minnesota DWI. Or, that someone standing behind their vehicle, which was running, is in physical control of that vehicle - even though it had a flat tire - when the keys were located in the ignition, and no one else was around.

Whether or not someone is in "physical control" of a vehicle is a very fact-specific question. One way to refute the "rush to judgement" of the government - is to speak to an experienced Minnesota DWI Attorney.  Remember, just because you've been charged with s crime does not mean you will be found guilty.

Minnesota DWIs - Charging (Explained)

In the State of Minnesota there are four degrees of Drunk Driving. Generally speaking, the penalties for a Minnesota DWI are based upon the number of aggravating factors present at the time the crime was allegedly committed.

Aggravating factors include:

• A blood, breath or urine test showing an alcohol concentration of .20 or more as measured at the time, or within two hours of driving, operating or being in physical control of a motor vehicle;
• The presence of a child under the age of 16 in the vehicle - at the time of your arrest, if the child is more than 36 months younger than the driver; and/or
• A qualified prior impaired driving incident - within ten years of the date of the new offense.

Qualified prior driving incidents include both: (i.) prior DWI convictions, and (ii.) prior impaired driving-related losses of one's driver's license or operating privileges. 

For separate "driving incidents" - those could involve convictions in any kind of motor vehicle - including a passenger motor vehicle, a Head Start bus, a commercial motor vehicle, an airplane, a snowmobile, an all-terrain vehicle, an off-road recreational vehicle, or even a motorboat.

Prior impaired driving-related losses of license include - Implied Consent revocations. An example of this might be - someone was arrested for a DWI and lost their driver's license; but, the DWI criminal charges were eventually plead down (to something like Careless Driving,) dismissed outright by the government and/or the person charged won at trial.

So, How will you Be Charged? 

• If there were zero factors are present at the time of arrest, then you will be charged with a 4th Degree DWI - a Misdemeanor. The maximum penalty is a fine of $1,000 and/or a 90 day jail sentence.   
• If one factor is present then you will be charged with a 3rd Degree DWI - a Gross Misdemeanor. The maximum penalty is a fine of $3,000 and/or a 1 year jail sentence. 
• If two factors are present then you will be charged with a 2nd Degree DWI - a Gross Misdemeanor. The maximum penalty is also a fine of $3,000 and/or a 1 year jail sentence.   

Also, if this is your Fourth DWI arrest - over a 10 year period - you could be charged with a 1st Degree DWI - a Felony. The maximum penalty is 7 years in prison and/or $14,000 fine.

Confused? You're not alone.

I do this everyday - and there are still times that it still sounds like Greek to me. 

That being said, you can make sure that you get the information you need - and the best defense possible against these charges by speaking to an experienced Minnesota DWI Attorney.

Who's Watching the Watchers?

Seriously?

Let me see if I have this straight ... the government can prosecute you - and when doing so it can keep certain, key forensic evidence from you, your attorney, and the Court --- evidence that shows you to be innocent - and in the end they will not be held accountable for that?

(Oh, did I fail to mention that as a result of their 'illegal' actions - you were convicted, sent to prison, placed on death row and at one point were mere days from being executed.)

Well, according to the United States' Supreme Court - the answer is Yes!

Granted, the exclamation point is mine - as far as I could ascertain, there were no such marks in the Court's opinion.

Having had served as a prosecutor, I understand the need to protect government employees from their own  unintentional stupidity. But, that does not appear an apt description of what went on here - no matter what the majority of the Supreme Court would have you believe - this was not an isolated incident or just a little negligence.  Rather, what this looks like to me was an act of evidence suppression continued over several years and appears to have involved bad judgement by not just one attorney but (rather) a number of individuals in the prosecutor’s office.

The sad truth is prosecutorial misconduct goes on - someplace, everyday - and, although not always leading to a result like that in Mr. Thompson's case, it harms not only the specific object of the governmet's bad act ---  it also hurts everyone of us.  

So, what's the result of the Supreme Court's holding?

Besides giving its (none too subtle) approval to misbehaving prosecutors, what I believe the justices in the majority failed to appreciate is that bad cops, bad lawyers, bad judges and bad convictions all have the force and effect of erroding our confidence in the system as a whole. 

Maybe it is the kool-aid drinker in me that believes that this whole thing (ie., society) "works" because we all blindly believe a couple of maxims. One of the biggest of those being - that there is justice inside the court room and that rather than sending one innocent man to prison we would set one-hundred guilty men free.

Well, after this - maybe I'm indulging in the wrong beverage?