Showing posts with label scott county. Show all posts
Showing posts with label scott county. Show all posts

Wednesday, October 14, 2015

MN Mandatory DWI Sentences (Explained)

 
Minnesota's DWI Laws are some of the toughest in the nation.  And, although a judge might have some discretion as to what your punishment will be --- an experienced Minnesota Criminal Defense Attorney can help get you out of some of the most serious consequences - including some of the "mandatory" conditions.   

BTW, this dog was NOT arrested for a DWI.  But, if he was ... I'd suggest he get FREE ANSWERS from a good lawyer.

Mandatory MN DWI Sentences

If you are a repeat Minnesota DWI offender (within ten years of a past conviction,) there are "mandatory" minimum sentences that judges are "required" by state law to impose.

One thing you need to know ... in the eyes of the Minnesota DWI law, the term “incarceration” can mean more than just jail.  It can also include: remote electronic alcohol monitoring (REAM) or home detention (EHM). 

Here are the "mandatory" sentences the courts are require to impose for repeat offenders:

Second Offense In a Ten Year Period:  A judge must sentence the offender to 30 days of incarceration with minimum of at least 48 hours of time in a jail or workhouse.  

Third Offense In a Ten Year Period: 90 days incarceration minimum --- with at least 30 days of incarceration - served consecutively in a jail or workhouse.

Fourth Offense In a Ten Year Period (a Felony): 180 days incarceration minimum– At least 30 days of incarceration must be served consecutively in a jail or workhouse.  

 
If you or someone you love has caught a DWI charge, you can contact the Rolloff Law Office to learn you options ... and find out how to beat these "mandatory" conditions.  Call today to set up your fee consultation: (612) 234-1165


Thursday, May 7, 2015

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

Wednesday, May 6, 2015

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

Thursday, February 5, 2015

Minnesota Terroristic Threats Charges


In the State of Minnesota making a Terrorist Threat is considered a felony offense. That being said ... even a innocent statement can be considered a threat when it was never intended to be such. Maybe you said something out of frustration, anger, or were annoyed. In the end, it all comes down to how someone else interprets the statement that was made. If they do so incorrectly, then it turns into something very serious. That is why you need to turn to an experienced Minneapolis Criminal Defense Attorney who can defend your rights and reveal the facts in your case. 

What Are Terroristic Threat?

There are different types of terroristic threats. One of the most common type is when someone threatens violence --- and a conviction can result in a fine of up to $10,000 and five years in prison. 


If any of the following factors exist, then a terroristic threat charge could result:
  • A public place or mode of public transportation is evacuated because of an alleged threat
  • The public experiences an inconvenience caused by an alleged threat and/or the threat is the result of reckless disregard for others and the terror that the threat can cause them.
  • The threat is to commit a violent crime with the intention of terrorizing another person or other people.
A person may also tell another that they are going to commit a terrorist act or terrorize people in some way. Simply saying that there is a possible threat, such as an explosive or another device located within a building or area, regardless of whether it is or not, a conviction can result. 

How to Defend a Terroristic Threat Accusation?

Every type of alleged threat is taken very seriously, by the government, and this is why you need a Minnesota Criminal Defense Lawyer.  While it may seem as if the charges cannot be beat, it is not impossible. Like ... when the accusations don’t have enough evidence to back them up. 
 

Terroristic threats are very serious crimes ... with just as serious penalities and consequences.  So ... know this: it will be aggressively prosecuted, even if that statement or action was not a threat at all. If you have been accused of making a terroristic threat, call the Rolloff Law Office at (612) 234-1165 for a FREE CONSULTATION.  

Sunday, January 4, 2015

Hennepin County Child Pornography Charges


Sex crimes, in the State of Minnesota, involving children can carry severe legal penalties/consequences, as many of them rightly should.  Anyone convicted of production, distribution and/or possession of child pornography can face the prospect of prison time as well as steep fines and a requirement to register as a predatory offender. A conviction can ruin careers, reputations and one's ability to live where they choose.

If you are arrested for a crime involving child pornography, it is essential to seek experienced Minnesota Criminal Defense Attorney, immediately. If we are brought in right away, the attorneys at The Rolloff Law Office can begin working with prosecutors right away -- sometimes before they even file the case.

As a former prosecutor, I know that working to protect my clients' rights --- right away --- minimizes the damage their  lives and reputations. 


Child Pornography (Explained)

People are sometimes charged with crimes involving child pornography --- if it is found on their computer, even if they didn't know it was there. The Rolloff Law Office can work with computer forensic experts to show how the images got there and who else may have been able to access the computer.


Consequences

If you have been accused of a crime involving child pornography, you must take it seriously. And, understand that you could be facing a prison sentence a huge fine ... for the possession of child porn. A conviction for distribution of it could land you even greater consequences.  

  

If you or a loved one has been investigated/approached by law enforcement for child pornography, call The Rolloff Law Office today for a FREE CONSULTATION: (612) 234-1165.

Monday, December 1, 2014

Minnesota DWI - Filed Sobriety Tests (Explained)


A Minnesota law enforcement officer, after pulling over a driver for suspected of drunk driving, will usually say something to the effect of “I need to have you step out --- and do a few tests to make sure you are okay to drive."

The sad truth is, the driver is (usually) not told that he/she has the option to refuse those tests.  

Filed Sobriety Tests (The Truth)

Almost always, the purpose for the Standardized Field Sobriety Tests (SFSTs) is to gather evidence against you to be used at trial --- not to "prove" that you are not under the influence. 

Here's what you need to know: there are (at least)  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 an experienced Minnesota Criminal Defense Attorney gets the test kicked out? The government 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 SFSTs. 

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. 


If you do not perform the tests ... especially if you decline to offer of a sample of your breath (on the side of the road for the the preliminary breath test (PBT) ... the officer can place you under arrest, transport you back to the police station and ask you give a sample of you blood, breath or urine.  

You have no duty to make the cops case for him. 

If you need help with a DWI arrest, contact the Rolloff Law Office for FREE ANSWERS.  Call today: (612) 234-1165

Tuesday, October 7, 2014

Minnesota Criminal Defense Attorney (Explained)


One question I get a lot ... from people who have never had to hire a lawyer specifically ...  is: "How can you defend criminals?"

True ... it is probably not a surprise that many (if not most) of the people I work with are "guilty" of the crimes they are accused of.  Or, at least, guilty of something.  Honestly, clients often come to me with little or no hope, wondering what (if anything) can be done.  

One of the first things that I tell them is that although they may be guilty of something, they may not be guilty of the specific crime they are charged with.  An experienced  Minnesota Criminal Defense Attorney will make sure that the crime is properly charged, and that all the applicable rules and laws are followed throughout the case.  

In addition, a lawyer is often able to negotiate a favorable settlement, even in cases of clear guilt.  If a lawyer is able to reduce a presumed sentence by even a month or two, the fees paid will have been well worth it.  Lawyers are often able to negotiate reduced fines, reduced jail time and probation, etc.

Lawyer's Role

But what about the role of a lawyer as counselor?  Those accused of crimes are often in need of something more than merely being represented in court.  Sometimes the crime itself is more accurately described as the symptom of a more serious problem, such as drug addiction or mental health issues.  Criminals may do bad things, but I firmly believe they are not bad people.  Generally speaking, their biggest problem is what could be described as a “lack of foresight.”  A lawyer can help counsel their client, advising them to address any underlying issues.  This type of advice includes encouraging the client to seek treatment, find a job or start education, and to keep their life happy and stable.  Depending on the client, I sometimes encourage them to seek some spiritual guidance as well.

There is a balance that must be struck, however.  Those accused of crimes do not need another person to lecture them on their mistakes.  Most already acknowledge that they screwed up somehow, and most are ready to make a change.  It is the lawyer’s role to encourage them and assist them in making the changes they want to make.  One of the very best parts about being a criminal defense attorney is that I have the privilege of finding people at the time in their lives where they are most willing to make changes for the better.  Rather than focusing too much on the past, I believe it is best to focus on the future.  Despite the obstacles, the future for most criminals can be very bright, especially with the right encouragement and the right counsel.  



For help with a legal dilemma, please feel free to call The Rolloff Law Office for a FREE CONSULTATION: (612) 234-1165

Thursday, March 6, 2014

Scott County DWI Lawyer


If you have been charged with DWI in Scott County, take sometime to look at the following information and do not hesitate to seek immediate assistance from an experienced Minnesota Criminal Defense Attorney.

How intoxicated does someone have to be before they can be convicted of driving under the influence?


In the State of Minnesota, any blood alcohol level ("BAC") of .08 or higher could subject you to conviction. However, your driving skills are affected from the first drink of alcohol 0 ie., "buzzed" driving. Your ability to pay attention, react, see clearly, maintain coordination, and make good choices are impaired with each drink.

How many drinks can I have before being over .08?
Honestly, it is not the number of drinks alone that determines how high your blood alcohol levels are. Rather ... it’s more important to focus on how much total alcohol you have consumed over a certain period of time. 

Do I have to take a blood, breath, or urine test if asked to do so by the police?


The answer is almost always “yes” because refusing to do so could subject you to a more serious charge, that is easier to prove: Refusing to Test.  If you don't agree to take the test when you are stopped, your license may be revoked for at least a year.

I tested under the legal limit and I’m still charged with DWI, is that allowed?


Sadly, the answer is “yes”. A person can be charged and convicted even if their blood alcohol concentration is below the legal limit if their driving conduct establishes that the he is “under the influence” of alcohol.




Should I hire a Lawyer?

Believe it or not, this is the number one question I get.  To it, I usually say: If you are convicted of Minnesota DWI you could face harsh fines, license revocation penalties, jail time, and more. Because of these consequences, you might be making a big mistake if you took your situation too lightly! Get FREE ANSWERS today from an experienced Minnesota DWI Lawyer (and former prosecutor) Call The Rolloff Law Office at (612) 234-1165.  

Wednesday, February 12, 2014

Scott County Domestic Assault Attorney

Have you or someone you love been accused of domestic violence?  All too often this means that they have have been accused of causing a family or household member bodily harm. If this is the case - understand that: There are very serious consequences that one could experience if he/she is found guilty --- including: jail time, fines, and a criminal record that follows you for the rest of your life.
If you have been accused of domestic assault, it is important to work with a Scott County Criminal Defense Attorney who puts your best interests first. 

WHY HIRE A LAWYER?

Unfortunately, there are times when domestic assault allegations arise out of other conflicts. Perhaps there is a divorce going on or there is a child custody battle. It is unfortunate that there are such cases, which makes it even more important to defend yourself against the charges.
If convicted, the conviction will most likely negatively impact any battle for child custody and could have an influence on the divorce. If convicted of domestic assault, you could also be subject to an order for protection, which could affect your ability to see any children you may have or how you see them.
Violating an order for protection is an offense in itself. If it is violated, you could be looking at time in jail.
Other consequences of a domestic assault conviction include anger management courses, counseling, and probation. Avoiding as many of the consequences as possible is why you need a Minnesota Criminal Defense Lawyer by your side every step of the way. 
Even if there is some merit to the charges, you can still have a much better future than you would have if you didn’t effectively defend yourself. Sometimes charges can be inflated and that means paying penalties that are harsher than what you should have to pay. By using the facts in your case, a fair outcome can be had.


WHAT NOW?
Domestic assault is aggressively pursued and prosecuted in Minnesota because of what can potentially result if legitimate cases are allowed to continue. 
If you have been accused of domestic assault, whether the charge is legitimate or not, you need the experience of a qualified criminal defense attorney to protect your interests. To learn more, call the Rolloff Law Office at (612) 234-1165.

Saturday, May 26, 2012

Minnesota Domestic Assault Attorney


Troubled relationships can be some of the most complex and difficult situations people face on a daily basis. Unfortunately, a notable number of individuals end up facing Minnesota Domestic Assault charges every year. If you have found yourself in the unfortunate position of having been charged with Domestic Assault or you must make certain that you waste no time in obtaining appropriate representation from an experienced, Minnesota Criminal Defense Attorney who is knowledgeable and compassionate. 

Why Is This Important?

Domestic violence cases represent one of the most challenging areas of the law. Not only are these cases complex from a legal standpoint, the level of emotions associated with these by definition are highly charged. Therefore, it is crucial that if you have found yourself facing a domestic abuse, assault or violence case that you promptly obtain skilled representation from an experienced Minneapolis domestic assault attorney.

J. Rolloff has devoted a considerable portion of his professional career to assisting people in resolving domestic violence cases. Not only does he fully understand the "ins" and "outs" of the law, not only does he understand how to present a strong defense in court, he thoroughly appreciates the painful emotions that you are experiencing and that are at the heart of a domestic assault case.


What Now?

The Rolloff Law Office has represented men and women from all walks of life who have faced charges of Domestic Assault. As a consequence, he understands what must be done in order to protect your rights and interests in light of these types of charges. Additionally, he realizes what steps need to be taken to ensure that you are able to have reasonable access to your children should a No Contact or Restraining Order have been entered by the court in light of your spouse or significant other filing a complaint against you.  if you need help - call now: (612) 619-0262.

Friday, May 4, 2012

Why You Should Seek a Minnesota Expungement (Explained)


If you have been charged with a criminal offense in the State of Minnesota, you need to be aware of the serious ramifications that a conviction can have on the rest of your life.

A criminal record can leave a negative mark on your future that will affect your opportunities for housing, work and more. Many companies will refrain from hiring convicts because they do not want to be charged with negligent recruitment and they want to provide a safe working environment to existing employees.

If you have a criminal record, you may also have a tough time finding a job in an organization that requires security clearances (i.e. banks, financial institutions). Being dishonest about your criminal record is never a good idea, as most companies will run a background check for criminal records regardless. If you have been convicted of a felony, you may also be unable to vote, serve on a jury or hold elective office.

A criminal record can also affect your ability to travel to other countries. Most visa applications will ask about any convictions and some countries will deny anyone with prior convictions. Other countries will deny entry only to those convicted of specific crimes, and some countries have no restrictions to criminal records. Regardless of whether you want to travel in the future or if you want the liberty to apply for any job, having your criminal record vacated is beneficial to your future in every way.


Who Are You Going to Call?

Clearing your criminal record can be difficult and extremely complicated without the help of a knowledgeable Minnesota Criminal Defense Attorney. There are certain circumstances that must be present in order to remove a criminal charge from a person's record, and you need the assistance of a legal expert who can guide you through the entire legal process. Contact The Rolloff Law Office today to start the process. Call or Text: (612) 619-0262.

Monday, April 23, 2012

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.

Wednesday, April 18, 2012

Minnesota Criminal Defense (is the Best Offense)


In basketball, there are offensive plays and defensive plays, and a good team understands that it’s succeeding in a combination of these two types of plays that helps them win the game.

In a criminal case, the State is usually on the offense: they bring the complaint, and carrying the burden of proof throughout the case.  And the defendant is usually on the defense: Defending his constitutional and procedural rights, ensuring that the police didn’t overstep the rules and that there is sufficient evidence being presented by the State for it to meet its hefty burden.

However, there are times the defendant also gets to play offense. This happens when their experienced Minnesota Criminal Defense Attorney utilizes an Affirmative Defenses. Bringing an affirmative defense has the same effect as when the home team manages to get the ball just about all the way to the visitor’s goal line before they let the visiting team get the ball back, so the visitors have to go the whole length of the field all over again to try to score.

The best Affirmative Defenses can set the State back substantially and sometimes, they can also act as a complete bar to an element of the State’s case, effectively stopping the State from proceeding.

Common Affirmative Defenses

1. Self-defense, and Defense of Others.   True self defense or defense of another requires that an individual acted out of fear for his/her safety or the safety of another against the imminent use of unlawful force against him/herself or another. Factors that affect a claim of self defense are things such as the extent of the right to self defense in the situation, the force used, against whom it was used, and for what reason.

2. Entrapment. When someone is induced or persuaded by law enforcement officials to commit a crime that the person had no previous intent to commit, he or she has been entrapped.

3. Mental illness or Deficiency. This defense asserts that at the time the acts constituting the offense were committed, the defendant was not capable of comprehending that what he or she was doing was a crime due to mental illness or deficiency.

4. Duress. If a defendant participated in a crime only because he or she believed or had reason to believe that he or she would be seriously harmed if he of she did not participate, the defendant may be able to use the defense of duress.

5. Intoxication. Involuntary intoxication, or involuntarily being under the influence of a drug or substance – can be an affirmative defense. Voluntary intoxication is only potentially a defense against the intent element of a crime; it can be used to prove an act was committed recklessly instead of with intent to cause serious harm.


Whether an Affirmative Defense applies in your case or not is a decision that you and your attorney need to make together.  The next right step, contact The Rolloff Law Office at (612) 234-1165 and find out if there's a good defense to defend you offense. 

Friday, April 6, 2012

Avoid a Minnesota DWI (After You've Been Pulled Over)


I don't think that anyone ever plans one being pulled over by the police for a DWI but if you are one of those types who likes to be prepare for every eventuallity, then here are some helpful tips.

Propbably more than any other criminal offense, law enforcement is often hard at work arresting people for Drunk Driving.  Believe you me, the cops are looking to make arrests and in the process often arrest perfectly innocent people or shortcuting  investigation to make their stats.

So what should you do to make sure you are not falsely convicted of a Minnesota DWI? 
Here are five practical tips you can follow to protect yourself and your rights:

1. Shut up!

The consitution affords you the right to remain silent; so use it.  It’s amazing how many people try to reason with the officer and end up talking their way into trouble instead of out of it.  Don’t tell them where you are coming from; don’t tell them where you are going.  Just give them the requested documents and identification information and stay quiet.

Sure, the police will try to pressure you to talk.  They may lie and say things like “Looks like you’ve got something to hide” or “By not cooperating you’re only making things worse for yourself.” Don’t fall for these lies and pressure tactics.  Politely answer: “Officer, I choose to use my right to remain silent”.
Remember, “ANYTHING you say, can and will be used against you in a court of law.” But, your silence can never be used in that manner.

2. Don’t Blow

The portable breath testing (PBT) machines that the police use in the field are very inaccurate. Even if you have had nothing to drink, the faulty technology in these machine can still produce an erroneous result.  The good news is blowing into them is 100% optional. So, refuse it.

Your refusal to blow into these devices cannot be used against you in the State of Minnesota  Granted, failure to do as much might lead to your arrest - but if the officer intended on arresting you --- then this test was going to be your saving grace anyway.  (Note: You you do have to submit to the request for a blood, breath or urine sample asked of you back at the cop shop.  If you do not, you maybe charged with a DWI Refusal.

3. Don’t Do the Field Sobriety Tests

Sometimes police officers will ask you to step out of the vehicle to perform some physical tests like the Walk and Turn, a one-leg stand and/or follow-my-finger-with-your-eyes test.  Like the PBT, these are also completely voluntary and can only cause you trouble.  Many sober people have physical conditions that may cause them to fail or they might be clumsy or nervous.   This is why you are better off staying put and refusing.

4. As Soon as Possible: Write Things Down

Make sure to take notes so you don’t lose track of important facts. Don’t give it to anyone.  Make sure to note the time of stop, where it was made, weather conditions, the name of the officer, names of witnesses and any other possible details.  Details win cases and the more you have the stronger your case can be.  (Believe it or not - law enforcement can be sloppy.  If they fail to dot their I's or cross their T's --- that could be your saving grace.)

5. Get a Lawyer. Fast.At the first opportunity possible call an experienced Minnesota Criminal Defense Attorney and get some answers.  Many matters in a DWI case are time sensitive and contacting a lawyer early on can greatly increase your chances of a successful defense.


DWI defense is one of the cornerstones of my practice. Please do not confused what I have offered here as a "get out of jail free" card.  Rather, I'm relating to you some of my knowledge from having had not only defended many DWI cases - but also the hundreds that I prosecuted.  I take Drunk Driving very seriously and encourage everyone to make responsible decisions.  I'm not encouraging people to drive while intoxicated. In fact, what I'm trying to do here is encourage innocent people to be aware of their rights and use them to protect themselves against false conviction.

If You need help call the Rolloff Law Office today - (612) 234-1165.  Take the next right step.