Minnesota DWIs and Forfeiture (Explained)

Under certain Minnesota laws, specifically those concerning Drunk Driving and DWIs,  the vehicle being driven by certain offenders may be subject to forfeiture and sale. Typically this occurs when someone has been arrested for his or her third DWI within a ten-year period.  This same result can also occur on a person's 1st or 2nd such arrest - if certain factors are present.

This is a quite complicated area of DWI law and as such you should consult with an experienced Minnesota Criminal Defense Attorney to ensure that your rights (and vehicle) are protected.

Generally speaking, vehicles operated by a drunk driver are subject to forfeiture in Minnesota if:

(i.) The vehicle was used in the commission of a designated offense and the driver was convicted of that offense or failed to appear at trial; or
(ii.) The driver had an alcohol concentration of .20 or more; or
(iii.) The vehicle was used in conduct resulting in license revocation and the driver either fails to seek administrative or judicial review of the revocation in a timely manner or the revocation is sustained upon review.

The forfeiture only applies to the vehicle being driven - a second, third, fourth, etc. car or truck owned by the same individual, but not driven while intoxicated, are not subject to forfeiture.  Additionally, certain vehicle owners are protected if they unknowingly allow a drunk driver to use their vehicle.

What Happens to the Vehicle?

After the forfeiture process is compete, law enforcement may keep the vehicle for its own, official use.  They might also seek to sell it at acution.

What Should You Do?

If you have been charged with drunk driving in Minnesota and your vehicle may be subject to forfeiture, contact the Rolloff Law Office for information about your legal rights and recovery of your property.  Call today - (612) 234-1165 for a free, no obligation, consultation.

Minnesota DWI Arrest - Get Your License Back

In July of 2011, the State of Minnesota instituted an almost wholesale change to the DWI Laws - especially as it regarded drivers licence revocations.

Unlike in the past, individuals arested for and/or convicted of Drunk Driving have new options open to them as it regards the revocation of the driver's license - including the option to almost immediately get back on the road by utilizing a device that will prevent their vehicle from starting if their breath shows the presence of alcohol.

What's New?

Granted, under the new law - repeat offenders and/or first-time DWI offenders (with a recorded BAC of .16 or greater) face longer periods of license revocation, but as a trade off  they now have a chance to drive their vehicles sooner if they choose to install an Ignition Interlock device in their vehicle.

Then, rather than facing the full revocation period, without the ability to drive (even with a limited license or work permit,) these individuals now have the option to pay for the installation of the device - and also a monthly fee - and could be back behind the wheel that much quicker.

After installing the interlock device, an individual ready to drive a vehicle must blow into the handheld alcohol sensor usually placed in the dashboard. The device will not allow the vehicle start, if it detects a sufficient amount of alcohol. In addition to keeping the vehicle from starting, it will also conduct rolling or random tests after the vehicle has already started.  This is apparrently designed to prevent a driver from allowing a sober person to blow into the device just to start the vehicle and to further prevent the driver from drinking while driving.

In theory, the purpose of the interlock ignition device is to help monitor drinking and driving activities while promoting road safety - and hopefully encouraging changes in behavior.

For those individuals charged with Drunk Driving who choose option, there's no doubt that they will be inconvienced - but not nearly as much as going without the ability to drive.

What You Should Do?

Are you in need of an experienced Minnesota DWI attorney?  If so, contact the Rolloff Law Office today for  the comprehensive legal services that you need to ensure the best possible resolution of your DWI case. Call today, (612) 234-1165 for a free, no obligation consultation.

Arrested for a MN DWI - What's Next? (Explained)

If you've been arrested for a Minnesota DWI, you might not know that in addition to the criminal charges you could be facing, the state will also be taking you to task in civil court.

One of the most difficult aspects of a Minnesota DWI is not the penalty you'll receive (or the consequences) but rather just the convoluted process that you'll have to navigate just to get through the whole process. This is just one reason you should have a Minnesota DWI Attorney on your side.

Criminal Procedure

Arraignment: This is the first hearing inthe process and usually occurs about 30 to 60 days after your arrest. Essentially why this hearing is held is that the Court wants to know that you are aware of the charges against you - and the your rights as it regards those charges.  If you have an attorney, you may not have to appear.If because he will be able advise you of as much outside of court.

Pre-Trial Conference: Prior to the date of this next hearing, your attorney will have an oppertunity to discuss your case with the Prosecutor and negotiate the best possible plea bargain. Ususally this hearing happens about 45 days after your arraignment.

Suppression Hearing and/or Contested Omnibus Hearing: After a careful reading of the police reports, your attorney may note "problems" with the procedure law enforcement followed and/or instatnces where your constitutional rights were violated. If this is the case, he may seek to have some or all of the government's evidence against you be suppressed . This hearing usually occurs anywhere from 45 to 90 days after the Pre-Trial Conference.

Trial: The most important right you have is your right to a trial to a jury or judge.

Sentencing: This hearing occurs after trail and/or after a plea bargin is entered into. Sentences may include jail time, house arrest, community work service, alcohol classes and fines.

Civil Procedure

Implied Consent Hearing: To preserve your right to drive in the State of Minnesota after a Drunk Driving arrest, you must request a hearing after your license has been taken from you (within the time set by the Minnesota Department of Public Safety in a revocation letter) or you lose your right to contest this action. In my opinion, these hearings are crucial to an effective and agressive DWI representation.  This is your best chance to get an officer to testify on the record and to begin to develop a defense that could help you win the results that you desire. 

What Should You Do?

Arrested for DWI in Minnesota? Call the Rolloff Law Office for a free, no obligation, consultation at (612) 234-1165.

Minnesota Misdemeanors (Explained)

In Minnesota, a Misdemeanor is defined as an offense that is punishable by up to 90 days in jail and a fine of $1,000.

The most common Misdemeanor charges include moving violations such as: Careless and Reckless Driving, Underage Drinking and Driving, and Driving After Revocation, Suspension and/or Cancellation. Some non-moving Misdemeanors include Fifth-degree Assault, Domestic Assault, Drunk Driving, and Shoplifting.

Most Misdemeanors are assessed by a citation - which can be hand delivered or mailed to you.  The ticket usually lists a court date on it. Some citations may simply be taken care of by paying a fine prior to the court date.  Some charges require you to appear in court.

The first court appearance in a Misdemeanor case is referred to as an "arraignment." At this hearing, the individual who has been charged will be advised of their rights and may enter a guilty or a not guilty plea.

If a guilty plea is entered, the Judge will usually impose the sentence at that time. Penalties often include a fine, jail time, and other conditions during a period of probation.

If a not guilty plea  is entered (and sometimes this can even be done without your having to appear in court - through your attorney) the matter is then set for a Pre-Trial hearing. At the Pre-Trial, the prosecuting attorney and the defense lawyer will attempt to reach a resolution. If no resolution is reached at this hearing the case is usually scheduled for a jury trial. In misdemeanor cases, both the State and the defendant may present evidence to a jury of six - or to a judge sitting alone.

What Should You Do?

If you have been charged with a Misdemeanor your next best move is to call an experienced Minnesota Criminal Defense Attorney for information about your legal rights and how to defend your case.  For a free consultation, call the Rolloff Law Office at (612) 234-1165. 

Top 5 Minnesota Assault Questions

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

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

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

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

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

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

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

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

Minnesota Speeding Tickets - 100 MPH or More (Explained)

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

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

Tickets (Explained)

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

What Should You Do?

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

DWI - Save Your Minnesota Driver's License

Just because you have been arrested for a Minnesota DWI (or refused to take the DWI blood, breath or urine test) does not mean that you will automatically lose your driver’s license.

If you've been stopped for a DWI - then, either on the night you were stopped or subsequently in the mail - you were probably informed that your license would be soon be taken away. 

If you drive after losing your license, you may have to pay a high bond or bail to get out of jail. Under Minnesota state law, you also will face another criminal charge - one that could see you facing jail time and a huge fine --- all of this in addition to the DWI consequences you could be up against. 

So, what should you do?

How to Save Your Minnesota Driver's License

Here are the most common steps that your Minnesota Criminal Defense Attorney should take to ensure that your driver's license is saved.

1. Request a hearing and demand the officers' presence. This will afford you and your attorney a preview of what evidence the government will rely on at trial, a rare thing when it comes to criminal cases. All officers involved in the case must show up and justify the actions which resulted in the revocation of your license.
2. Retest the sample, if possible. Testing errors may save your license.
3. Investigate the adequacy of the stop of your vehicle. The officer must have had a reasonable articuable suspicion that a crime or traffic infraction was being committed before he can legally stop you..
4. Investigate the adequacy of the arrest and request for a test. In most cases the officer must have developed probable cause to believe that you were impaired by alcohol before placing your under arrest.
5. Check the times of events. Officers must perform the tests within certain guidelines.
6. Check the labeling of the sample. It must be identified as being yours.
7. Demand an Implied Consent Hearing in front of a judge. Fabrications and other errors are often first noticed at these hearings.

How Do You Get Started?

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.  The sooner you get started the better.