MN DWI Driver's License Revocations (Explained)

When someone is pulled over by law enforcement --- that traffic stop can result in major complications.  This is why it is important to speak to an experienced Minnesota Criminal Defense Attorney.

Drunk Driving License Consequences

If you have been cited for driving over the legal limit ... the authorities may be able to take your license for at least 90 days. You could also receive an automatic revocation of even longer ---  under certain circumstances, such as if your blood alcohol level tested above 0.16.

One's ability to drive a car plays a major role in many things --- including getting to work, appointments, school, etc.  So, losing your license (for months!!!) could endanger a lot of important goals you have.  

With this in mind, the whole idea about losing your license needs to be addressed quickly and correctly.    

Expericenced Driver's License Attorney

What happens in the time period right after a driver fails a blood alcohol test can have significant impacts in relation to the issue of license revocation. This is because the measures one can take (to try and protect their driving privileges when facing an automatic revocation) can have short deadlines and time-frames associated with them. 

 
Therefore, after being accused failing a blood alcohol test, you may want to discuss their options related to the issue of license revocation with the Rolloff Law Office as soon as you can.  Call today: (612) 234-1165

Sentencing and Gun Rights in Minnesota

Some info that you might need to know - about your right to own/possess firearms, from an experienced Minnesota Criminal Defense Attorney:

Charged with a Felony, but - sentenced as a Gross Misdemeanor

If you were charged with a felony but convicted of a gross misdemeanor, your Minnesota gun rights should not be affected. The federal government denies individuals the right to purchase, own, or possess a firearm if they have been convicted of a felony level offense. 

A “felony” is a crime punishable by more than a year in prison. However, even if you are charged with a felony, it’s possible that you will be sentenced in a way that makes your offense a misdemeanor or gross misdemeanor. In those cases, you may plead to the elements of a felony offense, but the judge imposes a sentence of 365 days or less. If that happens, your crime, by definition, is not a felony. 

Unfortunately for many in this spot, the federal government may not understand this when they see the conviction. It’s common for individuals to receive the benefit of a gross misdemeanor sentence but still receive a denial by the National Instant Criminal Background Check System (NICS). 

In fact, the language on the denial letter will state that you were convicted of a “crime punishable by imprisonment for a term exceeding one year.” Obviously, this is incorrect in these circumstances. Based on this obvious error, you would think that the process to overcome the denial would be simple. Unfortunately, that’s not necessarily true. 

Fortunately, there is a formal process for correcting the issue with NICS. However, because the process can be lengthy, it’s important that you work with an experienced Minnesota Gun Rights Attorney who deals with this regularly and knows the best way to present the appropriate information.

 If you believe you have been wrongfully denied when attempting to clear a NICS background check, contact the attorneys at the Rolloff Law Office to discuss your Minnesota gun rights restoration case. 

Commercial Driver's License (CDL) and a Minnesota DWI

The State of Minnesota takes Drunk Driving very seriously --- and if you have a commercial driver's license (ie., a CDL) the consequences can be devastating.  This is why it is important to get answers from a Minnesota Criminal Defense Attorney.

What Will Happen

Commercial drivers face strict DWI penalties that can impact their ability to work and earn a living. 

In the State of Minnesota, for a first offense, a commercial driver transporting non-hazardous material can lose his CDL for one year; a driver of hazardous materials can have his license disqualified for three years. 

If convicted of a second violation, the driver will lose his CDL permanently, but the driver can attempt to have his license reinstated after ten years.It’s considered a major offense for a commercial driver to operate a commercial vehicle with a suspended, revoked or disqualified CDL – this would result in the possibility of fines up to $5,000 and potential jail time.

Wile the driver will retain his license to operate a noncommercial vehicle unless:the BAC level was 0.08 or higher, the legal limit for a regular motor vehicle DWI. 

 
If you have a CDI and you are facing a DWI --- know this: this considered a major offense under both state and federal laws Therefore, you should contact The Rolloff Law Office right away. We will work on your behalf to either have the charges against you reduced or possibly have them dismissed. Call today: (612) 234-1165

MN Mandatory DWI Sentences (Explained)

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

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

Mandatory MN DWI Sentences

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

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

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

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

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

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

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

Minnesota Driving After Cancelation - IPS (Explained)

The Minnesota Department of Public Safety (DPS) keeps your driving record --- it contains information about driving and licensing violations in the State of Minnesota, as well as in other states. They also have the ability to withdrawn your privilege to drive by suspending, revoking or cancelling it if you are found guilty of  following serious or frequent traffic violations.  This is a complicated charge ... and may require some assistance from an experienced Minnesota Criminal Defense Attorney.

If you plead guilty and your license is withdrawn, DPS will send you a notice of withdrawal and a list of requirements to have your driver’s license reinstated.  Here is what to expect:

Driving After Cancellation

Driving after cancellation (DAC) is one of the most commonly charged crimes in the state of Minnesota. It refers to a person that has had their driver’s license or driving privileges cancelled and been given notice of the cancellation, but disobeys the order by operating any motor vehicle while the person’s license or privilege is cancelled. It is also the most serious offense as it often relates to the driver having a number of driving while impaired violations.
 
Why your license may be cancelled:

• Acquire a mental or physical disability that makes you incapable of driving a motor vehicle safely;
• Do not pass a test that is legally requested by DPS to determine your ability to drive safely;
• Give false or misleading information on your license application;
• Commit a crime for which cancellation of your license is a legal punishment;
• Do not qualify for a driver’s license under Minnesota law

DAC can be charged either as a misdemeanor or a gross misdemeanor depending on the reason for the cancellation in the first place. A misdemeanor offense is punishable by up to 90 days in jail and/or a $1000 fine.

If the driving privilege was cancelled as inimical to public (DAC - IPS) safety as a result of multiple DWI convictions, the subsequent DAC will likely be charged as a gross misdemeanor.

If the DAC is charged as a gross misdemeanor you will face up to a year of jail time and a $3,000 fine per count. 

Similarly, if you plead guilty to or are convicted of driving after cancellation, you automatically lose your license for at least 30 days. This is true even if you had your license valid again before entering your guilty plea to the DAC.



  

If you need help with a DAC-IPS charge, call the Rolloff Law Office for a FREE CONSULTATION: (612) 234-1165

Hastings Criminal Defense Lawyer - Affordable

Any individual who seeks legal services already knows they need the help of an experienced Minnesota Criminal Defense Attorney. That being said ... the should not have to go to law school to understand the legal system.

Having had been at this for some time, I am well aware that individuals who have been arrested for something are frightened about the consequences they may face. They have been through an emotional experience. They don’t understand the legal process and they can be frustrated by people who speak in legal jargon. 

One of my jobs is to explain to individuals what their rights are, to look at whether any of them have been violated and to explain how the court system works — to make it a lot less intimidating and frightening.  If you or someone you love has caught a case, you likely think that there is serious trouble ahead.  My goal is to talk straight ... to tell the truth ... and by shining light on the dilemma --- help everyone understand what they’re facing and what the possibilities are.

I take the time to explain in a language they can understand exactly what the issues are. I know how to ask the right questions. They can explain to me in their own words what happened and I can translate that from legal jargon into what their rights and responsibilities will be.

I do that throughout the whole process, not at just the first meeting.... through the whole case.  

For any criminal defense legal services you think you might need, please feel free to contact the Rolloff Law Office for a FREE CONSULTATION and to earn a clear understanding of what your options are.  CALL NOW: (612) 234-1165

Fight an Order for Protection/Harassment Order (Explained)

Orders for protection, or restraining orders, are typically issued to prevent further abuse, stalking, or domestic violence. Orders for protection require the person to stay a designated number of feet away from the person filing the order. They may also include additional provisions. If you have no idea what I;ve just set-forth here, you may need a Minnesota Criminal Defense Attorney to assist you.  

Minnesota Restraining Orders

Minnesota restraining orders (order for protection) may be for a short amount of time or last up to two years. Once filed a restraining order prohibits any contact to be made with the person who filed the order. During divorce cases restraining orders can be extremely difficult and painful, especially when children are involved. Restraining orders may also keep a person away from their home during a divorce case.

Although restraining orders are designed to keep citizens safe from abuse and harassment, they may also be filed out of revenge or punishment. If this is the case the restraining order must be fought immediately with force in order to resolve the situation. 

Minneapolis Personal Protection Order Attorney

If a spouse, family member, or other person has filed a restraining order against you that is unjust contact the Rolloff Law Office today. I understand that divorce cases, family matters, and other situations become complicated and emotional. This does not excuse orders for protection filed out of revenge or punishment, and I'm dedicated to fighting them to the fullest extent.  Free Consultations: (612) 234-1165.  

Minnesota DWI Costs (Explained)

The average cost for someone charged and convicted for a first-time Minnesota DWI has been estimated to be anywhere from $10,000 to $20,000.   Of those, legal fees for your Minnesota Criminal Defense Attorney and fines are but a mere, obvious part.  The following is a list of the obvious and the not so obvious costs frequently associated with a Drunk Driving conviction.

Obvious Minnesota DWI Costs

1.  Bail
2.  Vehicle Towing and Storage
3.  Court Filing Fees (License Revocation)
4.  Driver’s License Reinstatement Fee
5.  Chemical Dependency Assessments
6.  Electronic Home/Alcohol Monitoring
7.  DWI Education Classes
8.  Chemical Dependency Treatment
9.  Criminal Record (Permanent)

Not So Obvious Minnesota DWI Costs

1.  Laboratory Analysis of Alternative Blood, Breath or Urine Testing
2.  Expert Fees
3.  Increased Insurance Premiums (Automotive and Health)
4.  Alternative Transportation Costs
5.  Income Loss
6.  Employment Termination (especially for those with Professional or Pilot’s License)
7.  Damage to Your Credit Rating
8.  Exclusion from Foreign Countries, like Canada
9.  Possible Loss of the Right to Possess a Firearm
10.  Possible Loss of the Right to Vote
11.  Delay or Denial of Citizenship

How to Mitigate Your Costs

Unfortunately I can’t offer you a list of every single cost associated with a Drunk Driving conviction.  Each case is unique - as it concerns the potential monetary and emotional consequences you could face involving your employment and family.  Let the Rolloff Law Office help you better understand the path your on and we can work to alleviate some of those concerns.  Call today - (612) 234-1165 to schedule a FREE initial consultation to discuss your situation.

Minnesota Charges - Dismissed (Explained)

As an experienced Minnesota Criminal Defense Attorney, the one outcome more than any other that brings me and my clients the greatest joy is having their charges dismissed or significantly reduced.

Believe it or not this does happen, in one way or another in court rooms throughout the state - everyday. There are many possible options—some quite complicated—to get the charges against you reduced or taken off the table entirely. But the process of doing that starts with one simple step: getting a savvy, aggressive Minnesota Criminal Defense Attorney on your side, right away, who will fight for the best possible outcome.

What to Look Out For

First and foremost, I would caution anyone to be wary of lawyers who quickly promise to get your case dismissed.  Sometimes, that the reduction or dismissal of charges is just not possible.

While it is always my number one priority to work to get the charges against my clients dismissed, the best (and often the only) way for that to be done is to thoroughly explore the circumstances of your case before making any determination as to the possibility of dismissal.

No Minnesota Criminal Defense Attorney can promise you a certain outcome for your case; however, what I can promise you is tough, aggressive lawyer who will look into every option to get you the best results for your case.

How Criminal Charges Get Dismissed

Ultimately, there is only one person who dismiss the charges against you - the judge. Often individuals mistakenly believe that if only the person who originally pressed charges his or her mind the case will just go away.  That is just not true.  In reality, once the government's attorneys take the case, the decision to continue with it is in their hands.

Ways to Get Your Minnesota Charges Dismissed

Essentially, there are two ways to get Minnesota criminal charges dismissed or discharged:

1. Where the government can't prove guilt beyond a reasonable doubt.

In these cases, often there's was something legally wrong with: (a.) the accusations, or (b.) the process of arrest and investigation. Many times, charges can be dismissed if there is not enough evidence to sustain the charges or the defendant has not been arrested within the legal process of the law (for example, where the defendants are interrogated after they stated they were invoking their 5th Amendment right to remain silent) or if evidence was gathered in violation of the offender's constitutional rights. For any of these reasons, cases can dismissed. One other way charges are often dismissed is when the alleged victim of the "crime" refuses to cooperate with the government.

2. Where the government can prove guilt beyond a reasonable doubt.

An odd situation to be sure, but in these cases - even if the judge decides that the defendant is in fact, guilty of the charges - sometimes the nature of the charges and/or the criminal history of the defendant indicates that the case should not go forward.  Often this is done under circumstances such as when the offense charged low level misdemeanor and/or if the defendant has a clean (or even mild) criminal record.  At this point, an agreement can be reached where the judge may decide to dismiss the allegations or offer some type of alternative sentencing. Alternative sentencing can come in a variety of forms, including fines, community service, probation, etc.

What Should You Do?

My approach to handling my client's cases is to be persistent and to diligently work toward getting them the outcome they desire - ie., getting their case dismissed if at all possible. To do that, I explore all options; I gather all necessary information regarding your arrest and the investigation by law enforcement agencies; and I consider the circumstances of the charges in your case, as well as your previous criminal history. Then, and only then, do I move forward with the options for dismissal available in your criminal case.

Since dismissals can occur anytime after the arrest (and often they happen later rather than sooner,) I never lose sight of that option throughout the proceedings. In that time, I'll work to negotiate throughout your case with the goal of getting the charges against you discharged.

If you (or someone you love) thinks that they need a lawyer, you probably need a lawyer.  Call the Rolloff Law Office today and schedule a no-cost, no obligation consultation - today.

Minnesota DWI and Criminal Attorney Fees (Explained)

Whether or not you've dealt with an experienced Minnesota Criminal Defense or DWI Attorney before, you probably assume one thing - it's going to be expensive. And, if you're like me or like most people, you want to get the best lawyer possible for the lowest amount of money, right?

Although I agree that price is a valid factor to consider, you also need to acknowledge this: the Minnesota DWI Attorney that you decide to hire is going to be trusted with a lot of responsibility. He will be holding your life - and your future - in his hands.

If he fails to do the work, put forth the effort or pick up the phone when you call - it's not him that will pay the price.  Rather, you (and you alone) will be the one who could end up in jail, paying huge fines and losing everything that is important to you.

In the end, you need to ask yourself this: What is my freedom, my hard earned money, and my reputation worth to me?

With So Much at Stake, Do You Really Want the Cheapest Option?

Some people can be scared off by the fees I charge.  Now, I'll guarantee you I'm not most expensive Minnesota Criminal Defense Attorney out there, but I'm also probably not the cheapest either.  I charge what I charge because I provide more value than the attorneys out there selling you on price. What I offer is, unlike other Minnesota DWI attorneys, great legal services that earn my clients the results that they desire.  I can also assure you that at the end of the day I'm doing everything I can to protect you, your rights and your future. 

Do This Now

If you think you need a Minnesota Criminal Defense Attorney to help you - odds are you really do need one.  Hey, I'm ready to help. I offer FREE CONSULTATIONS and am ready to help you now.  Call the Rolloff Law Office today at (612) 619-234-1165 to find out how.

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.

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.

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.

The Breathalyzer (Explained)

Most Minnesota drivers are familiar with what a Breathalyzer is and what it is alleged to do.  (In Minnesota, the Intoxilyzer 5000 is the device of choice in most jurisdictions; however, that will soon be changing as it is phased out and new Datamaster machines are employed. 

At their most basic, these devices are used by law enforcement to determine if someone is Driving Drunk - to see if a driver's alcohol concentration is (.08) or greater. 

What Does (.08) or Greater Mean For You?

If you learn one thing today, I hope it is this - a breath test result of (.08) or greater does not necessarily mean that someone is too drunk to drive. Rather, all lawmakers have done is mandate that that level of alcohol concentration in someones system - (.08) or greater - is by itself enough to determine that someone is too drunk to drive. Ass such, nothing much else about one's ability to drive really matters. The result is the result - as far as the cop, prosecutors and all to often judges and juries are concerned. Therefore, instead of being able to make a case that a driver's perceptions, conduct, balance and/or judgement are not effected by the amount of alcohol in his or her system, the work of an experienced Minnesota DWI Attorney  is often centered around taking on a machine printout that by itself is presumed to prove someone is too drunk to drive a vehicle properly.

The Problems with Breath Testing

A breath tests top task is to test the level of ethyl alcohol in your blood. (One's breath is tested, instead of blood, because it is cheaper and less intrusive.)  This is done by determining the relationship between the alcohol content in one's breath and then extrapolating that number out to determine the alcohol content in one's blood. This can be done because one way alcohol is expelled from the body is through he deep tissues of the lungs which is then breathed out of the body.

However, because it is not blood - there can be problems.  Not the least of which is that the temperatures in the lungs changes throughout the process, IMHO limiting the true true relationship, or correlation, between the alcohol in your breath and in your blood - often leading to grossly inflated overestimations.  Another problem is that humans have been found to have ethanol alcohol in their systems - even without having having had consumed alcohol.  There are also extensive issues surrounding how one's breath is tested - and what the machine does and does not "read". 

At the end of the day, I feel comfortable asserting that breath test machines, like the Datamaster and the Intoxlyzer 5000, aren't 100% accurate. Therefore, the results they produce - the almighty number that will label you a Drunk Driver - is likely inaccurate. 

What Should You Do?

In addition to digesting the information collected here about the "hows" and the"whats" of Minnesota's DWI laws -  if you or someone you love has been arrested for DWI - your next best step is to contact an experienced Minnesota Criminal Defense Attorney to learn your rights and to have him fight for you in court.  

Shoplifting - Explained

Retail theft, or as it is commonly called Shoplifting, is a serious criminal charge. Although the penalties may vary, based on the value of the item allegedly taken, the long term consequences (beyond the sentence imposed by the court) can be detrimental to you, to your family and to your future.

Should You Hire an Attorney?

This is a question I get more times than I can count. Let me put it to you this way - if you even think that you might need an attorney - you need an attorney.

Sure, on its face, a Shoplifting charge may seem like a small matter.  However, there is more to it that meets the eye; because, although you may just get a slap on the wrist from the judge - know this --- any conviction for Theft can remain on your criminal record - forever.

What this means is that "small matter" isn't really so small - right?  Envision looking for a job, applying for a scholarship, renting an apartment or any other situation someone might do a simple background check on you - does it seem so "small" now?  And heaven forbid, you should face a similar-type accusation in the future.  Seriously, if that does turn out to be the case, not only is your creditability brought into question - because who is going to listen to a person with a prior Theft conviction - you could also be risking some serious jail time.

So, back to the question of whether you should have an experienced Minnesota Criminal Defense Attorney on your side, fighting for you if you're charged with Shoplifting?  The answer is simple - right?

Can a Shoplifting Charge Be Beat?

As a former prosecutor, I've seen these cases from the inside.  I appreciate how hard it is for the government to prove that an individual is guilty, beyond a reasonable doubt. And, those circumstances can be exploited - to your advantage.

Although the specifics of a good defense depend on the facts of your case, generally speaking, there are any number of different defense strategies one can employ against these charges. For example, a motion can be brought to have the case dismissed for a lack of evidence or to have certain evidence dismissed because your constitutional rights were violated.  Also, a thorough examination can be done of the evidence gathered against you, and the individuals making those who collected that evidence and/or made accusations asserting that you in fact stole. 

On the odd chance that the facts aren't necessarily on our side, the challenge does not end there.  I have negotiated many settlement agreements and I've been successful in getting the charges and/or the fines reduced. 

An attorney can look out for your best interests, he can argue for leniency and he can make sure that a minor mistake doesn't have to follow you around for the rest of your life.

What Should You do?

As with any case, an experienced Minnesota Criminal Defense Attorney is your best ally.  He or she can fight to preserve your right and your future.  He can pour through the government's evidence and help develop the best defense strategy possible.  He can also be you voice when working out a deal with the government - if it comes to that. 

Assault - Defenses (Explained)

A charge of Assault - even if it is a Misdemeanor - is a serious offense. Not only can you suffer consequences in court (such as the imposition of a fine and/or jail time) but you could also be subject to collateral consequences - such as the loss of your privilege to own and possess fire-arms, your job, and in some instances even your home.

That being said, Assault is often a very difficult offense for the government to prove - especially if there are no witnesses to the incident and/or there are no physical injuries as a result of it.

When fighting these charges, an experienced Minnesota Criminal Defense Attorney should explore a number of possible defenses, including:

• That There Was No Intent

An Assault charge requires that the government prove that you intended to put someone in reasonable fear of physical harm and/or that you intended to use unlawful physical force on someone.  As such, one way to fight this charge is to demonstrate that you lacked intent.

An example: You're playing pool. Intending on taking a shot, the cue leaves your hands and strikes another patron who walks by at just that moment. The other person is struck by the cue and as a result is harmed. In this case, the prosecutor would have a difficult time arguing that you committed an Assault because the act (the pool cue leaving your hands and striking the other patron,) it could be argued was an accident; you never intended it to happen.

• The Harm Was Not Immediate

Under Minnesota Law, Assault is defined as is putting someone in fear of immediate bodily harm or death. Therefore, the way you fight this charge is to demonstrate that the believed harm was not immediate - nor was harm or death the intent of the act.

For example, you approach someone who owes you money - stomping your feet and stating loudly, "If you don’t pay your debt to me before the end of the day, you'll regret it!"  As a result, you're charged with Assault. 

Here, I'd argue that no such Assault occurred because the "harm" you sought to do wasn’t immediate enough. As a matter of fact, any harm that would take more than a few seconds to occur often disqualifies Assault as a possible charge. Furthermore, any fear the victim would have felt from your "threat" probably isn’t even reasonable since "you’ll regret it" is a fairly vague statement.

• Self-Defense

Another powerful argument is the one of self-defense. Often it can be asserted that although an Assault did occur, the person charged with it only acted as such because the "victim" had threatened him. In cases such as this, it is often a question for the judge (or jury) to determine. In doing so, they'll look at: Who was the aggressor? Was the belief that self-defense was necessary a reasonable one?" (and/or) Did the defendant use only reasonable force to defend himself?

You do have a right to defend yourself; however, you have to be cautious when doing as much. Self-defense does not give you a license to kick-ass.

Additionally, you also have the right to defend others - but (again) an analysis similar to that used when self-defense is raised is employed by the trier of fact.

• Attack the Witnesses' Credibility 

One of the best defenses is to challenge the credibility of witnesses - including members of law enforcement.  An experienced Minnesota Criminal Defense Attorney will probe any and all aspects of a witness' statement and the police reports - to root out any inconsistencies and/or the omissions. 

What Should You Do?

If you or someone you love has been charged with Assault, the first, best step you should take is to speak with an experienced Minnesota Criminal Defense Attorney. He can  help to preserve evidence, investigate and interview witnesses that you cannot or should not talk to yourself.

You can also help yourself by staying away from the alleged victim, following any conditions imposed upon you by the judge and avoid consuming any mood altering substances. In addition, NEVER talk to the police.  Statements that you provide them often will do more harm than good. You have the right to remain silent - use it.  Let your attorney do the talking for you.

Working with a Lawyer - The Top 5 Questions

When looking for an attorney - do you know what questions you should ask - factors you should consider?  Price, experience; male female, tall short, real or tv character?  Here are some important things you should take into account when deciding to hire an experienced Minnesota Criminal Defense Attorney.

1. Is the lawyer a generalist, or does he/she specialize in one type of law?
2. Has the lawyer handled cases like yours before?
3. What kind of outcomes can the lawyer predict for your case?
4. How will your attorney inform you of the case's progress?
5. What style can you expect from the lawyer: aggressive or open to settlement?

I believe that the lawyer-client relationship is at its strongest when the two people truly understand one another.  Before becoming a Minnesota Criminal Defense Attorney, I worked as a prosecutor.  That experience provided me an insight that I believe better serves my clients. I've see good and not so good attorney; I've seen clients that were over charged and under served. I know how to do this job poorly (having heard my fair share of sob stories) - I just choose not to do it that way.

In the end, my knowledge of the government's motivation and tactics affords me a unique opportunity to better serve my clients - and in doing so I can better negotiate positive outcomes for them my clients as well as win them well-earned acquittals.

If you - or someone you loved - has been charged with a crime, the first-best thing your should do is contact an experienced Minnesota Criminal Defense Attorney.

DWI Consequences - The Non-Criminal Ones

The criminal, civil and emotional consequences of a DWI arrest (and conviction) can be far reaching. The State of Minnesota, apparently expressing its rage at a certain lack of social responsibility, is increasingly levying stiffer criminal penalties on offenders - including assessing HUGE fines and LONG jail sentences. In addition to the criminal consequences that you could face if you are ever convicted of Drunk Driving, the "pain" does not stop there. If the government gets its way, you could also lose your driver's license, your license plates and even your vehilce.

Here are some of the potential Civil Consequences you could be subject to if you are ever found guilty of a Minnesota DWI.

1 - Driver’s License Revocation - Often more problematic than the fines you could be forced to pay and the prospective jail sentence you could be asked to serve is the loss of one's privilege to drive. Think about it, most of us drive ...  everywhere? You need to drive to work, to the grocery store, to take your kids to school, to day care, etc.  Well, if your charged with a DWI (yes, just charged - you don't even have to be found guilty to suffer this consequence) - you could lose your driver's license for a substantial period of time. 

Depending on your history - whether you've had your license suspended/revoked previously as the result of drinking and driving - the actual amount of time you will "lose" your license can vary. 

As an example:

For a 1st time, Misdemeanor DWI offense - your license can be revoked for up to 90 days; however, there does exist the chance that you could see it re-instated as soon as 30 days into the process. 

For a 1st time, Gross-Misdemeanor offense (where you were tested and your blood, breath or urine returned a Blood Alcohol Content ("BAC") result of .20 or greater) you could lose your driver's license for up to 180 days. If this was the 1st time you were ever stopped for DWI and you refused to submit to testing - your license could be pulled for up to 1 year.

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As a point of explanation, "1st time" DWI includes first ever offenses and any 2nd, 3rd, 4th, etc offense - if those additional offenses occurred at least ten years after your last such offense.

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On a 2nd (in ten years) Minnesota DWI where your blood, breath or urine test returns a result of .08 or more - but less than .20 - you could lose your license for up to 6 months. If you refuse to test and/or your test result was .20 or greater - then it will be pulled for one-year.

A 3rd DWI Minnesota DWI where your blood, breath or urine test returns a result of .08 or more - but less than .20 - and/or if you refuse to submit to a test, you driver's license could be revoked for up to a year. If the test is over .20, then it could be two-years.

A 4th DWI - incurred over a ten year period - where your blood, breath or urine test result is .08 or more - but less than .20 - and/or if you refuse to submit to a test - the revocation period is three-years. If your test came back at .20 or more, then it could be six.


What most people, who fail to hire a Minnesota DWI Attorney, fail to appreciate is that in order to preserve you driver's license - you have to challenge the validity of the revocation in a proceeding that operates outside of your Criminal case. 

Although this is not the full list of the potential consequences you could suffer, know this: an experienced Twin Cities Drunk Driving Lawyers can fully inform you and assist you in this process. If you're facing a DWI charge, the first, best step you can take is to immediately speak with a lawyer - and learn your rights.

2 - You Could Lose Your License Plates -  Here's one that always baffles even me - a DWI arrest might cause you to lose you vehicle's license plates. As a matter of fact, you could also have the license plate on every vehicle titled in your name pulled. Now, you will get new plates - but you're probably not going to like them because they're the well-known, embarrassing, and non-too-attractive "Whiskey Plates."

Plate impoundment is, like the potential loss of your driver's license, an administrative sanction that can be imposed quickly and in most cases occurs subsequent to a Drunk Driving arrest - and a conviction is not required.

Your plates could be subject to impoundment if any one of the following factors exists:

a.You have a prior DWI violation - sometime in the past 10 years;
b.The test result in your current DWI arrest is .20 or greater;
c.The DWI occurred at a time when there was a minor (someone 16 or younger) in the vehicle at the time; and
d.You were arrested for the offense of Driving After Cancellation (of your driver's license) whether or not you were intoxicated or not.

As a direct result of a Minnesota DWI offense, more than just the vehicle you were driving at the time of the above-listed offense.

The vehicles that could also be subject to plate impoundment include:

a.The vehicle used in the current offense - even if you're not the owner; and
b. Any other vehicles owned, registered, or leased individually in your name alone or jointly in your name and that of another person.

As with driver's license revocations, plate impoundments operate on a fairly tight deadline schedule. Failure to comply - or request a hearing within in the time set out in the impoundment notice (usually 30 days) will result in your inability to challenge the government's impoundment.

3 - The Government Can Take Your Vehicle - If you are charged with a crime in which a vehicle was used - like a DWI, your vehicle may be subject to forfeiture.

Minnesota DWI laws - specifically as it relates to 2nd Degree and/or Felony DWI offenses - provides that the forfeiture of the vehicle used in connection with a DWI is presumed - meaning that it can be taken without a ruling from a judge, unless you takes action to prevent it. Should a you wish to stop the forfeiture, you must file a judicial demand for forfeiture within 30 days of receiving the state's notice.

There are many legal ins-and-outs when it comes to vehicle forfeitures. Know this, just because the government says they intend to take your vehicle does not mean that they will get to.

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As you can see, from your driver's license, to your vehicle's license plates, to the vehicle it self - getting a DWI in Minnesota means much more than a fine and the possibility of jail or community service. Therefore, it is important that you speak to an experienced Minnesota DWI Lawyer. He or she should be able to examine your case, explain what consequences you could be facing (both the criminal and the civil) and set forth a strategy to fight for you in court.