Showing posts with label speeding. Show all posts
Showing posts with label speeding. Show all posts

Thursday, September 20, 2012

Minnesota DWI Arrest (What Should You Do?)



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

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

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

IF YOU HAVE BEEN ARRESTED - WHAT THEN?

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

Wednesday, August 15, 2012

How to Hire a Minnesota Criminal Defense Attorney (Explained)




Being an experienced Minnesota Criminal Defense Attorney, I meet lots people who are looking for a help with a criminal case. Many times, the need is urgent because someone in their family was just been arrested, or they hear that there is a warrant out for their arrest. In those circumstances, there can be almost a panic to hire a lawyer. So how do you do it?

Factors

First, and this may seem obvious but it is surprising how many times people miss it, make sure that the lawyer you are talking with handles criminal cases. Just because some attorney handled your divorce or the closing on your house does not mean that lawyer would do well in a criminal case. Nevertheless, one of the best places to start is with lawyers that you may know. Ask them who they would hire for the type of case.

This part is also important. Not all criminal defense lawyers handle all criminal cases. Federal law, for example, is generally dramatically different from state law. Make sure the lawyer can handle your type of case.

Second, should you find out the fee before you go to see the lawyer? That depends. If you are pressed for time or you know that you are going to hire a particular lawyer, it is a good idea. On the other hand, if you have some time, I would recommend seeing several lawyers. Law is an art, not a science, and there are several different ways to approach the same problem. You should go with a lawyer you are comfortable with. To know who that is, you should visit a few. You should also hire a lawyer whose direction or outlook is the same as yours. Stay away from lawyers that try to push you into a particular choice of action, such as pleading or trial, without knowing a great deal about the case.

Three, stay away from lawyers that promise really good results. Good results can happen, but even the best lawyers do not always get the results they want. The reality is there are three types of cases: cases easily won (acquittal), cases easily lost (conviction), and cases in the middle. Every client wants to think that their case can be easily won. That is not the case. Good lawyers will have higher winning percentages, all things being equal, of the cases in the middle. Cases easily lost are cases in which the evidence is rather strong and you might want to really consider a plea bargain. Some lawyers are better at trial than at negotiations. If you are not familiar with the evidence that will be presented against you, you should be prepared for all possibilities. Sometimes it is better to hire a lawyer who can negotiate a good deal for you rather than a fire-breathing trial monster. If the evidence is overwhelming, you may want someone who can minimize potential jail or prison time. A trial monster may not be such a person. On the other hand, you may decide that you are going to trial no matter what. In such a case, get the trial monster.

Fourth, if you do have some time and have been able to talk with several lawyers, you will most likely wind up with more than one lawyer you are considering. If that is the case, go with the lawyer that you felt the best about.


What You Can Do Now

You (or a family member or a friend) are about to go through a pretty traumatic and rough experience. While the tips I've given above will help you decide who is qualified, there is realistically no way I can tell you who you would be best hiring. You would do well to go through this experience with someone you get along with.

Call the Rolloff Law Office today to set up a FREE Consultation --- (612) 234-1165

Friday, August 3, 2012

Avoid a Minnesota Speeding Ticket



All too often, I get calls "after the fact" - that is after someone gets a ticket.  For those of you hoping to avoid making a call to an experienced Minnesota Criminal Defense Attorney, here are some helpful suggestions about how to avoid getting a speeding citation.


1. Never Admit That You Were Speeding
If you do get pulled over, if I can offer you one suggestion --- Never admit that you were speeding. You don't want to give the cops any ammunition to use against you if you want to challenge your ticket in the future.  So, when the officer tells you that you are speeding, giving a brief, noncommittal response like, "I see" or "I was not aware of my speed" is the best course of action.  (Not the best way to go: sarcastically asking - "What's the problem, Officer?" won't help you.)


2. Know That Your Vehicle Says Something About You


Most officers decide whether you're getting a ticket or a warning before they even approach your vehicle. A good rule of thumb is to keep your car maintained in such a way that you wouldn't be embarrassed to drive it to a job interview. Keep it clean, decluttered, and free of bumper stickers that are anti-police or pro-violence. Also, don't have any aftermarket add-ons like spoilers, tinted windows, and neon undercarriage lights. You want to say "I'm responsible and law-abiding," not "I hate the police, I speed all the time, and I'm trying to hide something from you."

3. Plead Not Guilty, and Continue out Your Court Date as Many Times As You Can


The more time you put between your speeding encounter and your court date, the better.  This about it, just how many people does an officer pulls over in a month. How many of them do you think they'll remember two or even six months from now, especially if you take your ticket quietly and move on? The more continuances you can reasonably request, the more time you have to collect your evidence and prepare your defense — and the less specific that officer's recollection of you will be. Getting a continuance also increases the probability that the ticketing officer retires, transfers to another department, or just doesn't show up for your court date. In almost all of these extenuating situations, the case against you will be dropped.


If you think you need help with a traffic ticket - you probably do need help.  Call the Rolloff Law Office today at (612) 234-1165 to get FREE Answers.

Wednesday, August 17, 2011

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.

Tuesday, July 12, 2011

Will That Ticket Effect My Insurance Rates?


If you just got pulled over and were issued a ticket - after wondering "why me?" - your thoughts probably turned to the question of whether that citation will impact your insurance rates - right? The simple, short answer is YES.  But, as a Minnesota Criminal Defense Attorney - I never accept simple answers.

Believe it or not, your driving record is almost as important as your credit report when it comes to saving money on car insurance. More often than not, when it comes time to renew your policy, your insurance provider (whether it's the one with the gecko, that aggressive/progressive woman Flo, that silly duck or whoever) will request a copy of your driving record to see if you have incurred any new moving violations. If you have - they're more apt to see you as a higher risk and in turn will probably adjust your rates accordingly.

More that Just a Fine

Everyone who has been issued a ticket understands that it is going to cost you something. However, if you believe that one citation will cost you just the fine, think again. Also, if you get more than one ticket - over a rather short period of time - that accumulation of infractions could cost you not only a lot of money but you could also lose your driver's license.  


What are the Costs?

Before you decide to put the pedal to the medal, you should first consider the total cost of getting caught for Speeding. In addition to the fines and assorted court costs and fees you'll be assessed, you may lose your insurance company's "good driver" discount and in-turn see your insurance rates go up - for several years. Or, even worse, your insurance provider may see fit to drop you all together - if you continue to pick up tickets.  In addition, getting a number of tickets, in a short period of time, could result in the government suspending your driver's license.


What Should You Do?

Some serious traffic violations are considered criminal charges in the State of Minnesota. Therefore, the best thing you can do if you get a  ticket for a violation like Extreme Speed, Reckless Driving, Careless Driving or Drunk Driving/DWI is to seek out an experienced Minnesota Criminal Defense Attorney to evaluate the situation, explain your legal rights and to represent you in court.

An attorney may be able to help you get the ticket dropped or have your fine or other penalties reduced. He may also be able to help you to keep your driving record clean and your insurance rates low.  A lawyer could also assist you in keeping your driver's license and/or (in the worse case scenario) get your driving privileges back.

If you have been charged with Speeding, Careless or Reckless Driving or DWI - contact The Rolloff Law Office for a free evaluation of your case. The effort you put forth today could save you from a greater degree of misery in the future. 

Wednesday, July 6, 2011

Top 5 - There Are No Stupid Questions?


You'd think I'd heard them all, but everyday (and in almost every way) i get questions - lots and lots of legal questions.  Here are my (current) Top 5 favorites - The Traffic Edition.

-1-

Q: Can I get a DWI while riding a horse?
A: No.  The same goes for a bicycle too.  Why? Because neither has a motor.

-2- 

Q: Can I get a DWI, even if I am on private property?     
 A: Yes. Minnesota's DWI laws apply everywhere - on land, on the water and on ice.

-3- 

Q: Is the speed listed on the yellow and black signs near curves enforceable?  
A: Sort of. Although traveling at a speed greater than those posted on said signs is not per se illegal, there is a provision in the statute that says that "[n]o person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions." as such - almost any speed, under the right (or better yet - wrong) conditions could be found to be illegal.

-4-

Q: Can I drive barefoot?
A: Yes, but it’s probably not a good idea in middle of winter.

-5-

Q: If I run a yellow light, will I get a ticket?
A: Maybe? You might get a ticket - but the conduct is NOT illegal.  As a matter of fact, as long as your front bumper is actually in the intersection when the light turns red, you've done nothing wrong.


-Bonus Question!-

Q: If I get a ticket, what should I do?
A: Don't just plead guilty. Remember, it is the government's job to prove - beyond a reasonable doubt - that what you've been alleged to have done is in fact illegal. Hold them to their duty.  Talk to an experienced Minnesota Criminal Defense Attorney today and learn you're rights. Them get the results you desire.

Wednesday, April 20, 2011

How to Beat a Speeding Ticket - The Cop (Redux)

If you're like me - reading can be boring... right?  As such, here's a video from the howcast.com crew- and another take - on How To Beat a Speeding Ticket


As with all "how to" advice - often the simplest explanation is the one least talked about. In this case, avoid speeding, and you'll avoid trouble.  However, if you have received a ticket - I understand, it is serious business. If you have questions about your rights - your best, next step should be to discuss your case with an experienced Minnesota Defense Attorney.

As a BONUS, another howcast.com clip - that follows up on the topic of How To Act If You're Stopped By the Police.


Happy trails.

Monday, April 18, 2011

How to Beat a Speeding Ticket - The Cop

There's more than one way to beat a Speeding Ticket. You can take the time to go into court, and try the case and/or beg for mercy in front of the judge --- or better yet, negotiate on the side of the road with the person who often has the highest degree of discretion when it comes to whether you'll be receiving a ticket.

Believe it or not - not everyone pulled over for exceeding the speed limit drives away with a ticket.

Why is that?

Well, one thing that you want to keep in mind when you're interacting with a [police officer is that - no matter the formality of it all (from the uniforms, to the badges, to the high-tech squad cars and investigation tools) - in the end you're dealing with another human being; someone with feelings and emotions just like you and I.

Here are somethings to keep in mind - from the moment you're pulled over.



How's your attitude?  What do you do, when you want someone to like you - or when you want him or her to do something for you? Do you argue or fight with that person?  No. The first thing you should keep in mind when you meet up with the officer is that you need to work to make him like you if you want him to do something nice for you.

How are your surroundings? Believe it or not, pulling over someone over can often be one of the most dangerous (if not the most stressful) aspect of an officer's job - because often he does not know what he is in for when he walks up to that driver.  Therefore, one thing that you'll want to do is to make sure the situation is as comfortable as possible.

Turn your car off, remove the keys from the ignition (place them on the dash where they can be seen) and put your hands on the wheel at the 10 & 2 positions. You should also remove any sunglasses or hats - and if it is nighttime, turn on your vehicle's interior light.

In short, think of what might make the situation tense for the officer - and then do the opposite. The more comfortable the cops are, the more amenable they might be to being lenient with you.

How's your cooperation? When you're pulled over, know this - the officer is in charge. If he wants your identification and vehicle insurance information - provide it to him without delay. (As a matter of fact, if you're going to need to be reaching around inside the vehicle, to comply with that request, you may want to also consider explaining to the officer what your doing - such as if the insurance card is in the glove box ... you should signal to him that's why your reaching in that direction.) Then, only after all his business is out of the way, should you even consider making your case.

The questions. Often the trickiest aspect of being pulled over is the questioning from the officer - because, more than curiosity as to whether you'll guess correctly -when asked "do you know why I pulled you over?" - what he is really trying to do is to get you to do is to do his job for him.

Remember, if you guess "because I was speeding" - you've gone along way toward helping the government make its case against you.

The answers. If you truly don't know why the officer pulled you over (and seriously, how could you know what's going on inside his head, right?) - you should politely explain that you're not certain as to why you were pulled over and that you'd hate to make an incorrect guess. On the other hand, if you know you broke the law - not only should you consider admitting as much, but you should also seek to praise the officer for having had stopped you. In doing so, not only are you demonstrating your respect for him and the work that he is doing - your honesty may be just what he needed to hear and as such he could decide to not seek any additional punishment for you.




Your questions. If you've developed some rapport with the officer - you should consider asking him a few questions. One you might want to try is - asking what speed detection device he used to "clock" you. Then, ask if you can see it. Now, he may say "no" - if that's the case don't push the issue (that's what court is for.) After that, you might want to ask about when the last time was that the unit was checked - to see if was working properly - and/or whether when the officer assessed your speed was he was moving or not.

When you do this - keep in mind - be respectful. Again, your trying to build a relationship with the officer ... one in which he might consider doing you a favor - not the other way around.

Plead your case. Once the formalities are out of the way, in your most sincere way --- ask for mercy. (Or as you might want to think of it - practice some dignified begging.) Make it sincere and let the officer know that this is a a big deal for you.

The end. No matter the outcome on the side of the road, leave the stop in such a way so that there's nothing too memorable about it. If you ultimately end up having this matter litigated in court, the less the officer remembers about it - the better. 

Like any arrest, a ticket is serious business. If you have questions about your rights - your best, next step should be to discuss your case with an experienced Minnesota Defense Attorney.