How to Avoid a MN DWI (Explained)

Common sense is, unfortunately, commonly overlooked-particularly when it comes to Drunk Driving in Minnesota.  The easiest way to avoid a DWI is to not drink and drive. When you want to go out and drink, you can hail a cab, walk home, select a designated driver or wait until you are sober to drive home. If you neglect to follow these tips though, there are still some things an experienced Minnesota Criminal Defense Attorney wants you to do to protect your rights when stopped for a Drunk Driving.

Recommendations


Pull over in a safe spot. One of an officer’s first indicators of your sobriety is where you choose to pull over. If you immediately freak out and pull over in a dimly lit, high traffic area, you may already be giving the officer suspicions about your mental state.

Stay silent. Don’t say, “I was just on my way from a friend’s house in Wayzata.” Don’t say anything. It can all end up hurting you later on.

Be kind. There is never a good reason to be rude to a state trooper. They are only trying to keep the roads safe. Being impolite will only hurt your case later on.

Decline the field sobriety tests. This tests are optional. There is no benefit for you if you take it, and whether or not you submit to the test, you will be arrested at this point anyway.

Refuse the portable/roadside breath test. These tests are highly inaccurate and there is no legal obligation for you to take one. (Granted, you'll probably be arrested if you do not take the rest - but if you "fail" it --- you're going to be arrested anyway.) You will only be providing the officer evidence against you.

Take the chemical test - back at the station. In other states, you are better off facing the penalties for not taking these tests than you are facing a DWI charge. In Minnesota this is not the case. Always take the chemical test when asked to.

Request an attorney. As soon as you are arrested, begin asking for an attorney. The officers may not give you legal representation immediately, but it will show you are aware of your rights. Additionally, the sooner you hire a Minnesota DWI Defense Lawyer the sooner he can begin developing a strong case for your Administrative Driver's License Hearing to prevent the suspension of your license.

Call The Rolloff Law Office

If you have been charged with a Minnesota DWI, contact the Rolloff Law Office - I offer free initial consultations and case evaluations, so contact us today to schedule an appointment with a skilled Minnesota Criminal Defense Attorney lawyer in our offices.

Drinking, Hunting & Criminal Convictions (Explained)

I dare to say - after complaining about the Vikings --- most Minnesotans favorite past-time is hunting.  And, like with most extra-circular activities, adult beverages can be part of that enjoyment. However, (in addition to just how smart (or not) trolling the woods with a buzz and a loaded fire-arm might be,) it begs the question: “Can I drink and hunt?”

Under the laws of the State of Minnesota, a person may not take wild game (with a firearm or by archery) if the individual is under the influence of alcohol or a controlled substance.  A person is considered under the influence - much like with a Drunk Driving arrest situation)  when the person’s alcohol concentration is (.08) or more; when the person’s alcohol concentration is (.08) or more within two hours of the taking of wild animals; or the person is knowingly under the influence of any chemical compound. 

Now, what this maens essentially is that a person needs not be "drunk" in order to be found guilty of hunting under the influence; rather, they need only be under the influence to the extent that it would make it less safe for them to hunt than it would have been had they not been under the influence to any extent.  (Get that?  Me either, and I'm an experienced Minnesoat Criminal Defense Attorney.  But seriously, I have had some experience with individuals who run up against accusation of hunting while under the influence.  If you find yourself having to answer such questions and/or charges, you need to get a lawyer involved for the consequences can be long-lasting.)

Criminal Records and Fire-arms

Even for those that do not wish to drink and hunt, your criminal record could prevent you from partaking in this past time.  With certain limited exceptions, the following individuals are not eligible to possess a firearm, include those who:

• Arender the age of 18; 
• Have been convicted of a crime of violence or a felony-level drug offense; 
• Have been charged with a crime of violence; 
• Have been convicted in another state of non-felony domestic assault or repeat assault; 
• Have been convicted of a felony punishable by imprisonment for more than one year; and 
• Are currently charged with a felony punishable by imprisonment for more than one year.

 What Should You Do?

You know, if you enjoy hunting - but you've had some problems in the past - be smart about it.  Make sure you are eligible to possess a firearm and  if you're going to consume any alcohol, be aware of the regulations and the repercussions for failing to abide by the statute.  If something has gone terribly awry, and you think you need a lawyer, feel free to call the Rolloff Law Office at (612) 234-1165 and we can work with you to minimize any unforseen complications.jmr

Minnesota DWI Myths - Part 3 (Explained)

There are myths and then there are MYTHS.  Here are some of the most common misconceptions regarding Minnesota DWIs that I'm often called on to respond to.
 
1. Sucking on pennies or using mouthwash will help lower your blood alcohol concentration result.
WRONG: Sucking on pennies or anything else that is copper will have no effect on your blood alcohol concentration (BAC) result. As far as mouthwash or breath sprays go, these substances can actually inflate the amount of alcohol found in BAC results, not lower them. Both of these substances contain low amounts of alcohol that an advanced breathalyzer may be able to pick up.

2. You must take the Field Sobriety Tests.
WRONG: While the police are not required to tell you this, in the State of Minnesota, the law does not require that you perform any type of test, including a Field Sobriety Test. However, you should know that if you do refuse to perform this test, the officer will most likely arrest you. You should always take in your surroundings and consider whether or not you are able to successfully pass a field sobriety test before you out right refuse.

3. Field Sobriety Tests are always an accurate measure of a person’s BAC level.
WRONG: Even the National Highway Traffic Safety Administration has said that people, even when they are sober, have difficulty correctly performing field sobriety tests. Several factors such as nervousness, fear, fatigue, weather conditions, leg/foot injuries, etc. can all have an impact on the results of a field sobriety test.

4. “Alcohol on the breath” is a reliable sign of alcohol intoxication.
WRONG: One fact that many people don’t know about alcohol is that it is actually odorless. What people are smelling when they perceive alcohol on the breath is the smell of the ingredients often included in alcohol. For instance, the breath of someone who has been drinking O’Douls Non-Alcoholic beer will smell the exact same as someone who has been drinking Budweiser. Therefore, breath odor strength estimates are completely unrelated to a person’s BAC level.

 What Should You Do?

The number on myth I'd like to explode is this: I can defend myself effectively in this kind of case, if I just let the judge know the facts.

Sure, if you have a stomach ache - maybe it's okay to take in some Pebto. Or, if you have a headache - to self-diagnoses and pop a couple of Advil. However, if you break a bone or your appendix bursts - your best bet would be to talk to an expert. I'm sure no one would say that you should personally attempt to remove that appendix or set that bone.

If you're arrested for a Minnesota DWI, you need an experienced Minnesota Criminal Defense Attorney to help you get past the many pitfalls and adverse consequences - criminal and civil - that lie in your path. Do yourself a favor and (at a minimum) consult with someone one who is experienced in the defense of DWI cases, and who is well versed on the law and facts regarding these offenses. Your investment in such representation is essential.

Minnesota DWI Myths - Part 2 (Explained)

There are myths, legends, tall tales and there are truths.  When it comes to monsters and whatnot - such stories are probably okay. But, I guessing that when it comes to you and your future - not so much - right?  Seriously, there are a lot of stories out there about DWI arrests.  Some are not so true, some are purely false and others ... I call myths.  As an experienced Minnesota DWI attorney, I've heard them all.  Today, I expose the myth and set the truth straight.

1.  If I am convicted of Drunk Driving, and I lose my license, I can get a restricted license.

Yes, and no. Believe it or not a conviction is not required to have one's driver’s license revoked for a period of time. In nearly every case, the Minnesota Department of Public Safety can, and does, revoke driver’s licenses without requiring a court conviction of an offense of Driving Under the Influence. In fact, should your blood, breath or urine test at (.08) or greater, your license will be automatically revoked without your ever having had appeared in court or before a judge. Know this too, even if your are ultimately acquitted of DWI (or the criminal charges are dismissed) your license revocation may still stand, since the procedures and rules of the DPS operate independently of the court system. Further, a restricted license is only granted under certain circumstances and specific times.  Each case is different.

TIP: By challenging a license revocation, your attorney can have some control over when your license will be revoked, rather than when the DPS or the arresting officer says it will happen.

2. Even if I am convicted of a Minnesota DWI, because of my excellent driving record, I will probably get probation, and not have to go to jail or do community service.

Your excellent driving record really won't amount to much - when it comes to an arrest for Drunk Driving.  No probation is possible, but in most jurisdictions every person who is convicted of such an offense must serve at least 2 days in jail, or must perform some form of community service. Often there are no exceptions.  And we're only talking about a 1st offense.  If you're on your 2nd or 3rd DWI - the mandatory minimums are much more onerous.  No exceptions, unless you agree to enter a long and costly alcohol rehabilitation program.

TIP: If you consent to treatment or some other form of rehabilitation you maybe able to reduce some of the often allotted periods of jail and community service.  As a former prosecutor, I know what the prosecutor and the judge would like to see on the record before they agree to leniency.  If you're looking for a break - you need someone to go into court and get it for you.

3. If I am stopped and arrested for DWI, I am as good as convicted.

This is an all-time favorite of mine because it hits upon a maxim I learned all to well as a former DA: All arrests do not lead to convictions.  Despite the attitude of many courts and prosecutors, there are defenses to the crime of Drunk Driving which should be raised by you or your experienced Minnesota Criminal Defense Attorney.  Sadly, there are law enforcement officers who are not above coloring the truth and are willing to "fudge" their interpretation of what lead to a DWI arrest.  Also, many of these same officers are just not qualified to administer the tests you're asked to take and/or they make mistakes when doing so. Now, if you just fall on your sword and plead guilty, you have a 100% chance of being found guilty. However, i you are willing to fight for your rights, and to contest the government's case, you will have the best chance of a satisfactory outcome.  (And get this, more often than not the outcome for for the arrestee does not get worse because they want to challenge the government ... so don't be afraid to stand up for yourself!)

TIP: Pleading Not Guilty at the Arraignment does not mean that you cannot change your mind later. For this reason, do not plead guilty until you are satisfied that nothing can be done to improve your legal position. Your attorney will know how to advise you.

What You Should Do!

The number on myth I'd like to explode is this: I can defend myself effectively in this kind of case, if I just let the judge know the facts.

Sure, if you have a stomach ache - maybe it's okay to take in some Pepto. Or, if you have a headache - to self-diagnoses and pop a couple of Advil. However, if you break a bone or your appendix bursts - your best bet would be to talk to an expert. I'm sure no one would say that you should personally attempt to remove that appendix or set that bone.

If you're arrested for a Minnesota DWI, you need an experienced Minnesota Criminal Defense Attorney to help you get past the many pitfalls and adverse consequences - criminal and civil - that lie in your path. Do yourself a favor and (at a minimum) consult with someone one who is experienced in the defense of DWI cases, and who is well versed on the law and facts regarding these offenses. Your investment in such representation is essential.

Call the Rolloff Law Office today to set up your free consultation.

Minnesota DWI Myths - Part 1 (Explained)

There are a lot of "my friend said that..." stories about DWIs out there.  Like noses, almost everyone has one --- some are big, some are small ... and some just smell.  Here are a couple of those stories and the truth you need to know - straight from the mouth of an experienced Minnesota DWI Attorney.

1. I have to be driving in order to be convicted of a DWI.

Wrong! Of all the things that are required to find someone guilty of a DWI driving is not one of them.  All that's required is something called "physical control” - while having a too much alcohol in your system at the time of said control. That means that if you get behind the wheel of a vehicle, and decide that you have had too much to drink, your decision to “sleep it off” right there may lead to a conviction of the offense anyway, just as if you had decided to take a chance and drive home. It is immaterial that you felt as if you were doing the prudent thing.

TIP: If you have to sleep it off in your vehicle, it is better if you sleep in the back seat, or the passenger seat, and do not put the key in the ignition. This is not really recommended, however, as prosecutors may still argue that you had the ability to start the vehicle and drive away. Call a cab whenever you are unsafe to drive.

2. If I am stopped by a police officer, I have the right to consult with a lawyer to determine whether to answer his questions, or to decide whether submit to a blood or breath test.

Nope.... Now, you do have a constitutional right to speak with an attorney - but that does not kick in until you're arrested.  Therefore, on the side of the road - you're kinda sorta on your own.  That being said, short of telling the officer who you are you are under no additional obligation to answer his questions and/or do ANYTHING he requests you to do (like the field sobriety tests.)  Once you get back to the station - then you'll get your chance to talk with an attorney.

TIP: Although you are generally expected to answer a police officer’s legitimate “identity” type questions, you should not admit to having consumed any alcohol or any controlled substances. By doing so, especially with controlled substances (prescribed or not,) you may be admitting to a felony. When in doubt, don’t talk. You should only agree to take tests that are required by law. Don’t volunteer to take any tests that are not required. Ask if the test is required.

3. I have to be intoxicated, or “under the influence” in order to be convicted of Driving Under the Influence.

Your driving patterns, your ability or inability to safely operate your vehicle, and indeed, your intoxication, or lack of intoxication, are often not the most relevant things at issue when it comes to being convicted of a Minnesota DWI.  Sure, some drivers are convicted of Drunk Driving because of their poor driving conduct - however, the overwhelming majority are not what most would normally call “intoxicated.” In fact, most drivers are convicted not because they are operating a vehicle while they are intoxicated, but rather because the evidentiary test of their blood, breath or urine indicates a Blood Alcohol Concentration (BAC) above the legal limit of (.08).

What Should You Do?
 
The number on myth I'd like to explode is this: I can defend myself effectively in this kind of case, if I just let the judge know the facts.

Sure, if you have a stomach ache - maybe it's okay to take in some Pebto.  Or, if you have a headache - to self-diagnoses and pop a couple of Advil.  However, if you break a bone or your appendix bursts - your best bet would be to talk to an expert.  I'm sure no one would say that you should personally attempt to remove that appendix or set that bone.

If you're arrested for a Minnesota DWI, you need an experienced Minnesota Criminal Defense Attorney to help you get past the many pitfalls and adverse consequences - criminal and civil - that lie in your path.  Do yourself a favor and (at a minimum) consult with someone one who is experienced in the defense of DWI cases, and who is well versed on the law and facts regarding these offenses. Your investment in such representation is essential. 

Call the Rolloff Law Office today to set up your free consultation.

Minnesota DWIs - A Racket?

Many (including myself) I believe are under the mistaken belief that Minnesota's DWI laws are “Drunk Driving” laws - which make it illegal for intoxicated drivers to operate vehicles.  Well, as a former prosecutor and (now) a Minnesota DWI Attorney, I can confidently assert that nothing could be further from the truth.

Initially, before "science" got involved, most DWI arrests were based on subjective opinions of a trained law enforcement officer.  The, many years ago, the American Medical Association (AMA) was asked to supply a Blood Alcohol Concentration (BAC) value that would be consistent with impaired driving. The value that the AMA came up with was 0.15 grams of alcohol per 100 milliliters of blood.

Over time, that number was reduced - due to lobbying from victims’ rights groups, like Mothers Against Drunk Driving (MADD), and also due to a very negative public perception of drunk drivers - from (.10) to the current accepted standard of (.08).

One would think that as a result of these changes we're all a little safer - and sure when the value was decreased from (.15) down to (.10) the decrease in highway deaths and injuries was significant.  However, the most recent reduction in the number - (.10) to (.08) did not return such a result.

This begs the question: Why?

As an experienced Minnesota DWI Attorney, I believe that we have reached a point of diminishing returns because the current BAC number - (.08) - does not correspond to a consistently measurable level of impairment. Honestly, who can't argue that sure maybe some people are impaired at (08) but many more are not. But, the law makes no distinction between the impaired driver and the driver who is merely “over the limit.” In other words, it makes no difference if you are drunk or not if your breath, blood or urine test reveals a BAC greater than (.08).

What You Should Know

1. It is LEGAL in the State of Minnesota to drive, operate or control a motor vehicle after drinking alcohol. What's ILLEGAL is doing that if you are under the influence of alcohol, or if your BAC level is over (.08);
2. Your sobriety is rarely being evaluated by officers who make arrests. Rather, what the officer is really trying to do is confirm his suspicion that you're in fact drunk by having you perform those silly Field Sobriety Tests - which do not themselves indicate intoxication but rather tend to predict an elevated BAC level.  As such, I suggest that you NEVER do them.  (It is rare that someone can prove that he is innocent - and often performing these tests does much more harm than good;) 
3. Even if you are physically able to safely operate a motor vehicle with a (.08) BAC - the government says you're driving illegally if you do so;
4. You are able to testify to what you think your BAC was at the time of operating a motor vehicle; and
5. A complete lack of impairment (ie. "passing" the Field Sobriety Tests) is never a defense to a (.08) or Over DWI charge.

What Should You Do?

As an experienced Minnesota DWI Attorney, I can work to ensure that your rights are preserved and that all of the proper challenges to your arrest are filed in a timely manner - and fought against in court. If you or someone you love is facing a DWI or Drunk Driving charge, call the Rolloff Law Office - at (612) 234-1165 - today to set up a free consultation to learn about your options.

No Means No? DWI Refusals (Explained)

A charge of DWI - Test Refusal is in many ways a lot like an arrest for Drunk Driving.  However, the crime isn't driving while intoxicated; rather, the offender is charged with refusing to submit to a test of their blood, breath or urine - at a time in which law enforcement has probable cause to believe they were driving drunk.

The difference may sound minor - to anyone but a lawyer - but the outcome quite serious.  Under the laws of the State of Minnesota, an officer can require someone to submit to a DWI test if the he has reason believe that the individual was driving while under the influence of alcohol.  This is Minnesota’s Implied Consent law.  (Believe it or not, by driving on a public roadway in the state you automatically consent to submitting to such a test if law enforcement proper cause.)  Refusing to take this test is a crime, which is often more severe than a regular DWI if you had in fact just agreed to the chemical test.

Why is a Refusal Worse than a Drunk Driving Arrest?

Initially, Test Refusal was a more lenient charge than a Drunk Driving - under certain circumstances.  However, those that came before us burned that bridge by refusing tests (to receive lower consequences than if they had taken the test) at a rate that caused the powers that be changed the law to make it equal to the most severe DWI you can receive under the circumstances.  Therefore,  today is very little incentive to refuse the test.


If it's a Crime, Why Do Individuals Still Refuse?

The most common excuse I've seen for not submitting a sample of one's blood, breath or urine for testing is because they're confused about the request in the first place.  If you've read this blog, you know that I often advise individuals to not talk with the police and refuse their requests for things like searches, providing statements and the like in order to protect their rights.  However, refusing a DWI test has the exact opposite effect - it imposes severe criminal liability. 

Prior to seeing the required sample, this is laid out quite clearly by the officer seeking submission to the test - when he recites the Implied Consent Warning.  However, that warning fails to explain that you also quite likely opening yourself up to harsher consequences than if you'd have go through with the test in the first place.

How Do You Fight This Charge?

Law enforcement can require submission to a test only if they have probable cause to believe that you've been drinking and driving.  So, the best way to avoid a charge is to prevent creating probable cause - don't drink and drive.  That being said, I am sure if you're reading this that ship has passed.  If you've been cited for Refusal - you need the assistance of an experienced Minnesota DWI Attorney. 

Not only will they fight to preserve your rights and your future.  They also will be able to discern whether someone actually refused.  That's right - often these cases come into being not because someone says "no" to the test - but rather because there are times that an officer assumes such a response.  If that's the situation in your case call The Rolloff Law Office today at (612) 234-1165.  I believe I can root out the holes in these assumptions and in turn get you the best outcome possible.

I Was "The State" (Explained)

Most people who seek out my services are aware that before I became a Minnesota Criminal Defense Attorney I had an earlier career as an assistant county attorney.  That's right, I was a DA, a prosecutor - and guy who was looking to put people behind bars.

The question I'm often asked on this part of my background is -  Does that make you a better Criminal Defense Attorney?

In a word: Yes. 

Not only did being a prosecutor expose me to the practice of criminal law on a full time basis, it also afforded me the opportunity to work a large number of criminal cases (of any and all types) from simple traffic tickets up to serious felonies including serious Theft, Assault and Drug Charges.  This experience also afforded me something that most people plying the criminal defense trade do not posses - an insight into the government's schemes and motivations.  And it is this inside knowledge that has aided me to in winning my clients the results that they're seeking.

The Switch

My career started out clerking for a district court judge - and in that capacity I got to see the case from the best position in the courtroom - right next to the judge.  I was back in chambers when all of the pre-trial horsetrading was going on and I was there when the tough decision had to be made.  In that time, I definitely learned a lot seeing some of the best lawyers in the state plying their trade on a day to day basis.  Subsequent to that, I reluctantly transitioned into the county attorney's office.  In many ways, I went that direction, first, because I really wanted to hone my skills - to get some extensive litigation work under my belt before I went out on the open market --- asking people to put their fates in my hands.

The Advantages

My experience as a prosecutor has provide me several special benefits as a Minnesota Criminal Defense Attorney - and in the end this has worked to the advantage of my clients.to a defense lawyer.

Trial Experience. A very active defense attorney who enjoys trial (and works hard to get good results for his clients as opposed to doing no work and setting everything for trial) may end up trying 3 to 6 cases a year on average. While numbers vary for prosecutors based on whether they handle felony or misdemeanor cases and the size of the city they are in, most prosecutors try a case to jury every 1-3 weeks. So years spent as a former prosecutor are years where the lawyer gets a lot of experience trying cases and handling all the preparation, strategy, and execution that goes into a criminal trial.

Negotiation Experience. While case loads vary, in large part because the jobs and roles are different, defense lawyers often carry case loads of 100 or less at any given time (some carry more than that but at the cost of not having enough time to put enough work into each case). Prosecutors typically handle over a thousand cases a year, sometimes more depending on the size of the city, the size of the county budget, the number of prosecutors, and the way cases are assigned.

Most prosecutors are in court every day. On any given day prosecutors may negotiate with defense lawyers, have hearings in front of a judge, or argue pre-trial motions. They face constant pressure with heavy caseloads and a steady influx of new cases. A prosecutor must figure out a fair plea offer, think on his or her feet, and change mental gears quickly depending on what is required.

These skills are invaluable in a defense practice. Defense lawyers who learned to handle the role of the prosecutor are comfortable in the courtroom, able to move at the same mental pace as the prosecutor, and have the skill for plea-bargaining born from negotiating with hordes of lawyers day after day.

Perspective. A former prosecutor brings a unique asset to your case that other defense attorneys lack - perspective. This criminal defense lawyer can put himself or herself in the mind of the prosecutor with ease, because he or she once was one. This defense lawyer can evaluate the facts of your case with a prosecutor’s eyes, anticipate the arguments they’ll make, the procedural maneuvers they’ll try to make, and the initial reaction they’ll have to defense arguments. Experienced defense attorneys can also do this to some degree, but its much more difficult to do well without having the experience of having once worked as a prosecutor. Ultimately, this perspective will allow your criminal defense lawyer to more skillfully defend you and better present your case.

What You Should Do

If you or a loved one is in need of legal assistance, your best bet is to touch base with an experienced Minnesota Criminal Defense Attorney.  Meet with that person, see if he listens and understands what you'd like to see come of your case.  In the end, no matter the price or experience, you have to be able to trust the person you hire.  Remember, you get one chance at this - don't go it alone.

Minnesota Assault/Domestic Assault Charges

If you're facing an Assault charge, the first thing you have to understand is that law enforcement is not your best ally and often they are not on the scene to help you.  Believe me, because it is not illegal for the police to lie to you in the midst of an investigation. Therefore, if you do talk to the police about any infraction - without an attorney present - you do so at your own peril.

What Should You Do if You're Being Investigated?

#1 - Do not talk to the police. Be polite and courteous, but refuse to discuss with law enforcement their investigation. If they persist, plainly and repeatedly tell them that you do not want to talk with them, that you want a lawyer present, and that you want to remain silent. Never allow yourself to be tricked or coerced by the police.

#2 - Don't talk to others.  Remember, anything you say about the case to anyone, including most family members, can be used against you in court. Many people I've met with, after complying with step #1, make the mistake of confiding in someone - only to later have those conversations come back to haunt them  Granted, if you've made such statements, they can be dealt with; however, if you have not - then don't.

#3 - Never agree to anything - without the advice of a lawyer. This means, never give law enforcement permission to search anywhere, draw your blood or discuss the case with you.

#4 - Never resist arrest. If an officer is seeking to arrest you, be polite and cooperative. Inform the officer that you will go along peacefully. It is also important to immediately inform the officer - or any officer who tries to question you - that you will not talk without an attorney present.

#5 - If you are arrested - tell the police that you wish to make a telephone call. It is essential that you get a lawyer involved in your case quickly. If you call family or friends have them contact an experienced Minnesota Criminal Defense Attorney.

As an attorney for the government, I prosecuted dozen upon dozens of Assault and Domestic Assault cases.  Often, they were the most difficult files I handled.  Let me put my experience - working from the other side of the aisle - to work for you.  My insiders perspective has won my clients the results that they desire.,  Call the Rolloff Law Office today to set up a free, no obligation, consultation.

Minnesota Probation Violations (Explained)

Often as part of every criminal sentence meted out by a judge - for a misdemeanor, gross misdemeanor and felony plea - is the prospect of being placed on Probation.  In my opinion, the system would want one to believe that this is a type of leniency that allows a convicted individual to remain in or re-enter society.  But, as anyone who has ever been placed on probation - there's often nothing too easy abou it.

Generally speaking, defendants may be sentenced only to a probationary term or probation may be granted after some time in custody has been served.  If someone is place on probation, that person is often supervised by an agent - who is employed by the corrections system.

If you receive notice of a Probation Violation, or even if you just think you may have violated your probation but have not yet been suspected or accused of it, you should quickly contact an experienced Minnesota Probation Violation Defense Attorney.

Probation Violations (Defined)

Because Probation is a form of leniency, it can be revoked at any time.  This often is the case when someone violates the terms of the probation sentence laid out by the judge.  A few examples of such violations includes:incurring a new criminal charge, failing to submit to or failing a drug/alcohol test, moving - without informing your agent, missing a scheduled probation meeting, and/or failing to appear for court.

If You've Violated Your Probation

If you are suspected of committing a violation, you'll often receive notice of it and be ordered to appear in court.  At a violation or Probation revocation hearing, the court will determine whether the violation actually occurred and then you'll be asked if you admit or deny the violation.  If you deny it, the government must put forth evidence showing that it is more likely than not that you in fact did fail to follow the court's order.  You'll also have a chance to put forth your own evidence.  Then, the judge decides if that burden is met. 

Probation Violations (Consequences)

If you're found to have violated your probation, there are a number of possible outcomes - good and bad, such as: continuing the probation without punishment for the violation,  modifying the conditions of the probation or extending the length of probation,  revoking the probation and executing the stayed (ie., suspended) jail sentence hanging over the violator's head. This basically means that your original sentence would be re-activated.

Probation Violations Defenses

Since the burden of proof is much lower at a Probation Violation hearing than at trial, it is very important that you be represented an experienced Minnesota Criminal Defense Attorney.  Often the best defense is no defense at all; rather, I've found that my best successes come when working with the government's lawyers to arrive at an agreement that elevates the need for a hearing and/or the harshest of consequences. Even if your violation stems from a new criminal offense, not only can I fight to win you a dismissal or acquittal on those charges - I can also work to ensure that the new sentence runs concurrently with (and not consecutively to) the probation sentence.

What Should You Do?

For a long time now, Minnesota law has recognized that people who have make a few, isolated mistakes while on probation should have the opportunity to not have that error to lead to the ultimate consequence.  If you feel as though what you've read here applies to you, contact an experienced Minnesota Probation Violation Hearing Attorney to discuss your questions and concerns and to get the ball rolling working to ensure that your slip doesn't continue to hinder your future.

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.

Why Should You Fight Your DWI Arrest?

If my experience as a prosecutor and as a Minnesota DWI Attorney has taught me anything it's that well-meaning individuals fail to fully appreciate the nature and consequences of becoming entangled in the criminal justice system. Nowhere is this more evident than with those charged with a (first) DWI.

For whatever reason, too many people will either try to represent themselves and/or hire a general practitioner-type attroney.  IMHO, neither have the knowledge or experience to provide their clients with the advice that they'll need to best serve their interests - in the short and long term. 

Believe me, and I've seen it often enough to know, a Drunk Driving conviction can change somone's whole life - not only in due to the penalties imposed by the judge like large fines, community service obligations and possible jail time - but also because of the long-term collateral consequences that can have a lasting and signifigant impact on one's future.

What Sort of Long Term Impacts?

One example of the severity of Minnesota's DWI penalties, can be illustrated by a gentleman I'll call Paul - a successful salesman.

In the fall of 2007, Paul was cited for Drunk Driving. Not believeing that anything could really be done about his arrest (because he'd been drinking before he drove,) he walked into court without an attorney and "fell on his sword" - pleading guilty without first fully assessing the true nature and consequences of his actions.

To say that he came to regret this decision would be an understatement.  See, due to the nature of Paul's work - having a valid driver's license was a necessary prerequisite.

Paul's loss of his driver's license effected his ability to meet clients. As such, he had to either beg, cajole or hire other people to drive him to client meeting or risk being caught driving on a suspended license. 

Then there was the stigma of his arrest and conviction.  Once word got around about that, some of his clients became reluctant to deal with him and his sales numbers suffered.  Then, when the recession hit Paul was laid off - owning in no small part to his declining sales numbers and performance.

As anyone who has been out of work can appreciate, it’s tough out there - to find that next job or even get that first interview.  What Paul learned sas that these difficulties were made worse by his dependence on others to give him rides to interviews. (This continued even after Paul had his driving privledges re-instated because he could not afford the expensive insurance premiums he was now being asked to pay.)

If Paul was lucky enough to gain an interview - where he could demonstrate his skills and past successes - he often left those meetings feeling as though he would be offered the job.  However, that wasn't the case. After a while, Paul came to conclude that maybe his DWI arrest was the deciding factor - after he came to learn that anyone (including a potential employer) could easily access Minnesota criminal records online.

Of course, without a job Paul was unable to keep up with his bills - first being forced to sell his vehicle and soon thereafter his townhouse.  As the recession continued, he ran up of credit cards, and due to his mounting debt he was forced to sell anything of value

The vicious cycle continued until he was forced to declare bankruptcy in late 2009 and later eventually divorce in 2010.  He fell in to depression and substance abuse. 

Once a symbol of the American Dream, Paul is now a casualty of the war on Drunk Drivers.

What Can 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 the Rolloff Law Office today to schedule a free, no-obligation consultation, today.

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 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. 

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.

Top 5 MN DWI Mistakes (and How To Avoid Them)

One in seven drivers in the State of Minnesota has been arrested Drunk Driving. To many, an arrest for DWI is considered the biggest mistake of their lives. However, instead of learning from that mistake, all too often these same individuals compound that error in judgement by committing the following missteps. 

Here are the Top 5 Post-Arrest Minnesota DWI  mistakes:

#5 - Not Taking a MN DWI Arrest Seriously

As like with almost no other charge on the books in the State of Minnesota, an conviction for Drunk Driving will follow you around for the rest of your life. Couple that with the fact that - in addition to the penalties that a judge will impose - there will be life long consequences such as driver's license revocations and increased motor vehicle insurance charges that you'll have to navigate. Moreover, a conviction can NEVER be Expunged from your record.

#4 -  Failing to Appear for Court and/or Driving After Your License Was Revoked

If you fail to show up for court, the judge issue a warrant for your arrest Then, the next time you are stopped for a traffic infraction, you will be spending some time in jail and probably be posting some bail to insure your future appearance in court.  Oh, and if your driving at the time (without a valid driver's license) expect to get another ticket for that too.

#3 - Failing to Hire an Experienced Minnesota DWI Attorney

DWI law is complex and to ensure that your constitutional rights are protected and that your arguments are heard you really need competent representation on your side. To win the results you desire, someone must effectively raise the right defenses - at the right time) -or you will lose your right to argue them forever. If you fail to do that, a winnable case could quickly become a loser. Think of it like seeking medical attention - for cuts and scrapes maybe Dr. Mom is okay; but, if you need someone to counsel your through a major medical procedure... you're goning to need a real doctor. As such, if you not a lawyer, maybe you better turn over your case to someone who knows how the system works.  See also: Believing That Googling "Minnesota DWI Defenses" Will Help You Handle Your Own Case.

#3 -   Taking the Government's First Settlement Offer.

In my experience, as both a lawyer for the government and as an experienced Minnesota Criminal Defense Attorney, I know that the first offer is seldom a bargain; rather it is often just a way for the prosecutor to get rid of a case without having to do too much work on it. Believe me, at this stage of the proceedings very few cases are dismissed or reduced to a non-alcohol related charge. In addition, if you just settle your case, you give up the biggest right you have - and that is to have the government prove its case against beyond a reasonable doubt. 

#2 -  Failing to Appear for Court and/or Driving After Your License Was Revoked

If you fail to show up for court, the judge issue a warrant for your arrest Then, the next time you are stopped for a traffic infraction, you will be spending some time in jail and probably be posting some bail to insure your future appearance in court.  Oh, and if your driving at the time (without a valid driver's license) expect to get another ticket for that too. 

#1 - Hiring an Attorney Based Only On What They're Charging

The government has nearly unlimited resources when it comes to prosecuting your case. To ensure your rights - and most specifically to preserve your future - you need to hire an attorney and pay a fee which will allow him to put in the time and effort your case requires to fight the state's case.  Attorneys must earn enough in the time they spend on your case in order to keep their doors open and make a living wage. If you choose your attorney based on the lowest bidder, he may not be able to put in the time necessary to protect you. He also may not have the right experience with Minnesota's DWI Laws. In stead of the cheapest guy - look for a reasonable, predictable fee.

What Should You Do?

When you hire a Minnesota Criminal Defense Attorney, you should consider more than just price. Ask yourself this, in addition to the out-of-pocket-costs you'll incur --- what else is important to you?  Do you want personal attention, aggressive representation, someone who is experienced in getting his clients just and fair results?

Hey, I've worked on both sides of the aisle - as a prosecutor and a criminal defense attorney. I know the law, I know the government's schemes and motivations - and as a result, I know how to get my clients the results they desire.  Oh, and, I charge a reasonable, well-earned fee.

If you or someone you know needs effective representation - feel free to contact me today to schedule a free, no obligation consultation.

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. 

One Minnesota DWI = Two Charges?

An all too common question I get as a Minnesota DWI Attorney is: "I was arrested for Drunk Driving, but I'm charged with breaking two different laws; why?"

In the State of Minnesota, when someone is arrested and charged with a DWI - the accusation is that that individual failed to operate his or her vehicle in the same, careful manner that a sober person would - under the same circumstances. 

In addition to that, bowing to pressure from the federal government - related to the dolling out of highway monies - states like Minnesota adopted per se Drunk Driving laws. These laws established a "legal limit" - as it regards the amount of alcohol you can legally have in your blood - before your driving becomes illegal.  In Minnesota, the limit was once (.10) --- now it is (.08). 

Therefore, if someone is found to have been operating and/or in physical control of a motor vehicle at a time in which the alcohol in his/her system was (.08) or higher - as established by a test of their blood, breath, or urine - they can be charged with a DWI.  Even if the person doesn't exhibit any of the typical signs of Drunk Driving, and is able to drive just fine, they can be charged with a DWI based only on their body's chemistry.

Generally, the government will usually charge both crimes: the traditional DWI (see Minn Stat § 169A.20,  subd. 1) where they accuse someone of being unable to drive with the same caution as a sober individual and the per se violation (see Minn Stat § 169A.20 subd. 5) for being above the legal limit.

In the end, a conviction on one charge is the same as a conviction on the other. Essentially, it's just two ways of charging the same crime and it just gives the government two bites at the same apple.

The good news (if you can call it that) is if someone is convicted of both Drunk Driving and being above the legal limit, they are only punished once.

If you have been arrested for Drunk Driving, your next best move is to contact an experienced Minnesota DWI Attorney for a free consultation to learn your rights.

DWI Urine Testing (Explained)

It's enough to make you angry or even (to be a tad vulgar) - P*ssed Off. 

Minnesota, unlike nearly every other state in the union, insists on relying on an outmoded and (IMHO) unreliable means to determine an individuals blood alcohol-concentration - they test Urine. 

What's Wrong With Urine?

Urine samples, because of the wide array of problems and challenges available to an astute, experienced Minnesota Criminal Defense Attorney, are generally thought of as the least reliable of the three (blood, breath or Urine) types of chemical tests used to determine the amount of alcohol in an individuals system.

What does this mean for you? Well,the bad news is that it could lead to an unfair arrest and charges of Drunk Driving; however, do to the inherent problems in collecting and testing such samples - it could also be what gets your arrest and the subsequent charges dismissed.  Alas, the cost to getting to that point prohibits me from saying that that is "good" news.

What Problems?

There has been a lot of heated arguments made in court rooms throughout state around the issue of Urine testing as of late.  Often those battles are over: (i.) how the sample was collected and stored; (ii.) whether or not the person from who the sample was taken got a chance to first void his/her bladder before collection, and (iii.) if a warrant is necessary to collect such a sample in the first place.

What Should You Do?

The government has doctors, lawyers and various experts on its side - shouldn't you have the same sorts of protections working for you to ensure that they're doing their job correctly, that your rights are protected and so that you can get the outcome you desire?  If you answered YES to that question - you are taking responsibility, for yourself, your actions, and your future - as such, you should reach-out to an experienced Minnesota DWI Attorney.

The Rolloff Law Office picks apart every part of our client's DWI cases - from the conduct of law enforcement (their searches and seizures) down to an analysis of the scientific tests they require you to perform. No part of your arrest should  go unexamined.  Be smart, if you've been arrested (or believe that you will be charged with a crime shortly,) contact an attorney and learn your options.  Trust me - often it's the best investment against a uncertain future.