Minnesota DWI - Field Sobriety Tests (Explained)

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

Minnesota Field Sobriety Tests

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

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

Here’s the skinny. 

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

The Truth

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

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

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

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

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

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

Fight MN Traffic Ticket - Hearing Officer (Explained)

One of the most popular questions I get is: Do I really need a Minnesota Criminal Defense Lawyer to help me fight a traffic ticket?

Sure, sometimes it just makes sense to pay the fine for a minor speeding, an illegal turn, or running a red light citation. If you have a good driving record and you are ticketed or a minor infraction, chances are the fine will not be excessive. The judge may even decide on a reduced penalty without any defense statement from you. You should also look at options offered in some areas such as deferment --- from a hearing officer.

On the other hand, a major infraction such as Minnesota Drunk Driving arrest can cost you thousands of dollars in fines, increased car insurance rates, and fees associated with the reinstatement of your driving privileges. In that case - an experienced Minnesota Criminal Defense Attorney may be able to save you an enormous amount of money. Some of the savings are realized years down the road.

A Couple of Reasons Why You Might Want to Hire a Lawyer to Fight a Traffic Ticket

1. Reducing Or Eliminating The Fine

A serious moving violation may carry a penalty of as much as $1,000. If you already have a clean driving record - don't you want to keep it that way?  An attorney working on your behalf may be able to work out a deal with the court - to keep this ticket off of your record too.

2. Arguing The Citation

If the alleged infraction is serious and you believe you are innocent, hiring a lawyer to represent you may save you a great deal of money. Lawyers with experience in Minnesota traffic court matters may successfully argue that the citation was unwarranted. In the end, the only cost you pay is for the services of your legal representative

3. Preventing Insurance Rate Hikes

If you have one or two violations on record, your latest infraction could have a very damaging impact on your insurance premiums. An attorney may be able to successfully defend you against the charge, eliminating the increased insurance costs.

A major traffic violation could result in a fine and a huge hike in insurance rates over the next two years. The money you spend on a lawyer - although a HIT now could end up being money saved over the long term.

Now What?

What can it hurt to at least speak to a lawyer?  Many, like myself, offer a free consultations in order to gather facts concerning your case. Seriously, there are usually one or two key points I like to know in order to determine if you have a chance of beating a traffic ticket in court. Sure, I can't guarantee that you will be able to have a traffic citation thrown out in court - or that the  Nor can fine will be reduced to zero. However, having had been a prosecutor myself - I have a lot of experience in using that "insider's" knowledge to earn my clients the outcomes they're seeking Call the Rolloff Law Office today to get FREE answers: (612) 234-1165.

Minnesota Traffic Ticket Lawyer - FREE ANSWERS

The average rise in insurance rates for just one speeding ticket over three years is considerable. Other moving violations may have a similar affect on your insurance rates. Also, if the same person were to get another moving violation in a short period of time, that driver will risk losing their license.  This is why you should strongly consider getting professional help, from an experienced Minnesota Criminal Defense Attorney.  

Why Hire a Minneapolis Traffic Ticket Attorney?

• To prevent increased insurance rates
• To avoid a mark on your driving record
• To increase the chance of dismissal or reduction of charges
• To have more leverage during negotiation with the DA
• To reduce fines and costs

Hiring a Minneapolis traffic ticket attorney will give you the best odds of getting your traffic ticket reduced or dismissed. Why? An experienced Minneapolis traffic ticket attorney knows and understands the laws and will help develop your best legal defense. Unlike some claims that you may read on the Internet, there is no shortcut way to beat a traffic ticket.

Fighting a Minneapolis Traffic Ticket

Sure, you can fight your own ticket. Many people do that. Just like many people cut their own hair. Sure, you can get the job done, but the results may not be ideal. So, isn't it worth the expense of hiring an experienced Minneapolis attorney to ensure the best possible outcome for your situation?

 Not only will you save money in the long run on insurance, you will have the piece of mind that comes with having an experienced Minneapolis traffic ticket attorney advocate on your side.

Call Today for a Free Consultation 

If you are facing a Minneapolis traffic ticket that can impact your license and your insurance rates, call the Rolloff Law Office today for a free consultation at 612-234-1165. 

Keeping Your Traffic Record Clean (Explained)

A clean Driver's Record is a valuable thing.  At a minimum, It can make the difference between police officer discretion breaking your way, or against you.  It can also save you money when it comes to motor vehicle insurance.  How can you keep your record clean?  Talk to an experienced Minnesota Criminal Defense Attorney.

Solutions

In the State of Minnesota, there are many ways to keep a citation off of your driving reocrd.  Here are just a few.

Continuance for Dismissal.  The prosecutor can agree to continue the a ticket (like speeding, running a stop sign, etc.) for some period of time (like 12 months) on various terms and conditions.  Under this kind of agreement, at the end of the predetermined period, if all conditions have been met, the charge is dismissed by the court as agreed.  Here, no guilty plea is offered, no adjudication is made.  So, nothing is certified by court administration to the Minnesota Department of Public Safety.  In general, these conditions include: payment of prosecution and court costs (instead of a fine), and no same or similar violations.  There are many local variations on the term used for this outcome, like: Agreement to Suspend Prosecution, Deferred Prosecution, Continuance Without a Plea.

Local or City Ordinance violation citation, instead of state statute.  Police officers have discretion to cite drivers with a violation of a local or city Ordinance instead of a Minnesota State Statute.  If they do, you should be able to pay the fine, and still benefit from it not going on your State of Minnesota Drivers License Record.  This is nice, but usually this is something the police officer can, in his or her discretion, decide to do for you.  It's unusual for prosecutors to do this, though it is no impossible.  

Stay of Adjudication.  Though less desirable than any of the above, a stay of adjudication will prevent the Court Administrator from certifying the traffic violation to the Minnesota Department of Public Safety, which means it won't go on the Minnesota Drivers License Record.  A stay of adjudication involves either a guilty plea, or a finding of guilty after a trial, but the judge staying (delaying) adjudication of guilt upon conditions, for some period of time.  If the person does not violate a condition, it never become an adjudicated violation or conviction, and so never gets on the DL record.  Typical conditions include payment of money to the court, and no same or similar violations.  In criminal cases, a judge will be reluctant to give a stay of adjudication without prosecutor approval (or finding an abuse of prosecutor discretion) but in petty misdemeanor traffic cases this may not apply.

You are going to get one chance to get this right.  If you have any questions, feel free to call the Rolloff Law Office.  I'm a former prosecutor - I know how to help you with these sorts of matters. Call today: (612) 234-1165 

How to Keep a Speeding Ticket Off of Your Record

I get it --- If you can --- keep speeding tickets (heck - ANY tickets) off of your driving record, right?  Why? ... Well, we all know that your insurance company will use them as an excuse to send your rates through the roof. 

How to Keep a Ticket Off of Your Record

In Minnesota, there are a couple of different ways to do this ... with or without an experienced Minnesota Criminal Defense Attorney.  

The easiest is to request court supervision. Some Minnesota courts may allow you to use this option.  This means negotiating a resolution whereby --- as long as you get no new tickets the conviction won't show up on your record. In order to do this, you must do three things: (1) obtain an agreement from the DA, (2) pay the "fine" they assess, and (3) make sure that you get no new tickets of a same or similar nature.

The other way of "beating" a Minnesota Traffic Ticket is far less reliable: pleading guilty and trying to defend yourself against the charge. If you try to do this, it's important to make sure you have a valid defense-otherwise, you are wasting your breath. To help motorists examine the strength of their defensive strategy, the court's even provide a list of defense that will not be accepted:

• "The sun was in my eyes."
• "I was keeping up with the flow of traffic."
• "My speedometer was broken."
• "I did not see the sign." (Unacceptable unless the sign was not placed in accordance with state standards.)
• "I was unfamiliar with the neighborhood and was lost." 

In fact, if you choose to plead innocent, you may be better of using the services of a Minnesota Traffic Ticket Lawyer. Such a person is much better prepared to argue your case than you could ever be. Lawyers know which defenses are likely the work and which won’t, and they have a better knowledge of the ins and outs of the court system than most people do. 

If you have ANY questions about what a lawyer can do for you - call The Rolloff Law Office to set up a FREE consultation.  Call (612) 234-1165.

MN Traffic Tickets - Beat Them (Explained)

A traffic ticket may not seem very significant, but the effect it can have on your insurance coverage can be substantial that's why you should consider talking to an experienced Minnesota Criminal Defense Attorney --- and see what can be done to keep it off of your record.  Beat the ticket and you protect the stability of your insurance premiums, you keep your driving privilege and your record stays clean --- protecting you against future problems.  

Minnesota Speeding Ticket Attorney 

The Rolloff Law Office has helped hundreds of individuals struggling with criminal charges --- and we've been successful in helping beat the following traffic violations involving:

• Speeding
• Careless driving
• Running stop signs
• Driving without proof of insurance
• Driving after license revocation
• Driving after license cancellation

Having worked with hundreds of clients facing various traffic violations, our team has gained extensive knowledge of the state laws surrounding those offenses above. We can effectively create a defense strategy that is customized to your specific needs.

Keeping your best interests in mind, our lawyers will fight to eliminate your charges and fines, or to significantly reduce them. We are committed to working with you to resolve your traffic violation in order to protect your driving privileges and keep your insurance rates low.

Contact the Rolloff Law Office today to schedule a free initial consultation regarding your criminal charge; call (612) 234-1165.  We are available to help you 24 hours a day, seven days a week.