Consequences of a MN DWI Arrest/Conviction

Getting a DWI is nobody's idea of a good time.  These are some of the things that might happen to you.  

Financial Consequences

In addition to the fine imposed in a conviction for a DWI there are a myriad of other financial consequences:

• Loss of job / loss of professional license — invaluable;
• Costs of alternative transportation — hundreds, maybe thousands;
• Vehicle Forfeiture; 
• License reinstatement fee — currently $680;
• Alcohol assessment fee — $300–$1,000;
• Probation / Jail fees — 100s;
• Increased automobile insurance costs — thousands over the course of the following decade;
• Increased life insurance premiums.

Administrative Consequences 

The following administrative consequences follow an arrest for DWI.  An experienced Minnesota DWI Lawyer can challenge these consequences in a civil judicial hearing that is independent of the criminal proceedings. The administrative consequences of a DWI have complicated and critical timing requirements.  A knowledgeable Minnesota attorney can help you navigate this process and avoid avoid these harsh administrative consequences.

License Revocation

Following an arrest for a DWI and/or a test failure or test refusal --- your drivers license will be automatically revoked. The revocation period will depend on variety of factors: (a.) your prior DWI history, (b.) your BAC, (c.) your age, or other aggravating factors. Depending upon your circumstances --- you may be able to obtain a limited license for driving to work, school, or abstinence based support groups.

License Plate Impoundment

License Plate Impoundment is a particularly harsh administrative penalty.  Depending on your history and the circumstances of your arrest, your license plates may be impounded.  Your plates may be impounded if:

• if the driver has a BAC of .16 or greater;
• if the driver has a prior DWI or alcohol-related driving offense within the previous 10 years;
• if there was a passenger under the age of 16 present in the vehicle; or
• if the driver was driving after his/her license was cancelled, regardless of alcohol impairment.

The vehicle used in the offense is subject to plate impoundment as well as any vehicles jointly owned by the driver.  “Whiskey” plates (plates beginning with the letter W) may be obtained (at an additional cost) if the driver(s) of the vehicle(s) has a valid license.

Vehicle Forfeiture

Vehicle Forfeiture is the most severe administrative sanction.  Under Minnesota law, a prosecutor may seize the motor vehicle used in the commission of a first or second degree DWI or test refusal, a DWI offense while the driver’s license is cancelled as inimical to public safety, or a DWI offense while the driver’s license is subject to a no use provision (B-card).

A vehicle can be seized immediately upon the driver’s arrest for one of the above qualifying offenses—regardless of whether the driver was the lawful owner of the seized vehicle!  Upon seizure the police must provide the driver and owner with a seizure notice.  Minnesota law presumes that the vehicle seized is subject to forfeiture.  In order to prevent forfeiture, the driver must take judicial action in civil court.

The administrative consequences of a DWI arrest are complicated.  A knowledgeable Minnesota defense attorney can assist you in avoiding or limiting these harsh consequences.

Other Consequences of a DWI Conviction

A DWI conviction may also result in the loss of a professional license.  And of course a conviction will make it more difficult to obtain employment—especially for any position that may require the use of a vehicle as part of your regular duties.

The Rolloff Law Office can help you evaluate your case and improve your odds of avoiding the harsh consequences of a DWI conviction.  Call today: (612) 234-1165.  

Minnesota Terroristic Threats Charges

In the State of Minnesota making a Terrorist Threat is considered a felony offense. That being said ... even a innocent statement can be considered a threat when it was never intended to be such. Maybe you said something out of frustration, anger, or were annoyed. In the end, it all comes down to how someone else interprets the statement that was made. If they do so incorrectly, then it turns into something very serious. That is why you need to turn to an experienced Minneapolis Criminal Defense Attorney who can defend your rights and reveal the facts in your case. 

What Are Terroristic Threat?

There are different types of terroristic threats. One of the most common type is when someone threatens violence --- and a conviction can result in a fine of up to $10,000 and five years in prison. 

If any of the following factors exist, then a terroristic threat charge could result:

• A public place or mode of public transportation is evacuated because of an alleged threat
• The public experiences an inconvenience caused by an alleged threat and/or the threat is the result of reckless disregard for others and the terror that the threat can cause them.
• The threat is to commit a violent crime with the intention of terrorizing another person or other people.

A person may also tell another that they are going to commit a terrorist act or terrorize people in some way. Simply saying that there is a possible threat, such as an explosive or another device located within a building or area, regardless of whether it is or not, a conviction can result. 

How to Defend a Terroristic Threat Accusation?

Every type of alleged threat is taken very seriously, by the government, and this is why you need a Minnesota Criminal Defense Lawyer.  While it may seem as if the charges cannot be beat, it is not impossible. Like ... when the accusations don’t have enough evidence to back them up. 
 

Terroristic threats are very serious crimes ... with just as serious penalities and consequences.  So ... know this: it will be aggressively prosecuted, even if that statement or action was not a threat at all. If you have been accused of making a terroristic threat, call the Rolloff Law Office at (612) 234-1165 for a FREE CONSULTATION.  

Domestic Assault (Explained)

If you have been accused of verbal or physical abuse against your spouse, child, domestic partner or other relative, you need swift, strong Minnesota Criminal Defense Attorney. 

A conviction can mean harsh penalties including prison, fines, loss of custody rights or loss of gun rights, and may even affect your job or future job prospects. Don’t risk it. 

Domestic Violence Accusations

Domestic assault charges are becoming more common — and more heavily prosecuted — in the State of Minnesota.  Believe it or not, someone can be charged with domestic abuse under the state’s law if you committed one or more of the following acts against a family or household member:

Physical harm, bodily injury or assault; and/or 

Cause someone to fear of imminent physical harm, bodily injury or assault

But in many cases, the charges arise from situations in which both parties  participate in escalating the conflict. 

To get to the bottom of messes like this, you need the immediate support of an experienced Minnesota Domestic Assault Attorney. 

At the Rolloff Law Office, we have extensive experience (first as a former prosecutor and now) defending both men and women against domestic assault charges that threaten their freedom and their rights. Don’t hesitate to get the protection and tenacious defense you need, especially if the charges arise during divorce, child custody or child support proceedings.  Call now: (612) 234-1165

If you have been accused of verbal or physical abuse against your spouse, child, domestic partner or other relative, you need swift, strong defense. A conviction can mean harsh penalties including prison, fines, loss of custody rights or loss of gun rights, and may even affect your job or future job prospects. Don’t risk it. I am Minnesota assault lawyer Dennis M. Lothspeich, and I will aggressively defend you. I have more than 25 years of experience as a formidable trial attorney and never hesitate to take my clients' defense into the courtroom.

Helping you understand domestic violence accusations

Domestic assault charges are becoming more common — and more heavily prosecuted — in Minnesota. You can be charged with domestic abuse under the state’s Domestic Abuse Act if you committed one or more of the following acts against a family or household member:

Physical harm, bodily injury or assault Terroristic threats Criminal sexual conduct

Interference with an emergency call Infliction of fear of imminent physical harm, bodily injury or assault

But in many cases, the charges arise from situations in which both people participate in escalating the conflict. You need the immediate support of a diligent Minnesota assault attorney if you are accused of:

Assault with a deadly weapon Spousal abuse Harassment Violating a restraining order

Child abuse Stalking Sexual assault False imprisonment

I have extensive experience defending both men and women against domestic assault charges that threaten their freedom and their rights. Don’t hesitate to get the protection and tenacious defense you need, especially if the charges arise during divorce, child custody or child support proceedings.

Fighting for your best results

When seeking a Minnesota assault attorney, you want one with a solid criminal defense background. I have the resources and knowledge to achieve positive results even in very complicated cases. I review the facts of your situation, gather evidence and meticulously attack the prosecution’s case against you. My goal is to get your charges reduced or seek an acquittal at trial. I stand by you and do my best to see you through one of the toughest experiences you may have to endure.

Get the defense you need from experienced Crow Wing County trial attorney Dennis M. Lothspeich

If you are facing domestic assault charges, I can help. Call me, attorney Dennis M. Lothspeich, at 218.825.0861 for a free initial consultation, or contact the law office of Dennis M. Lothspeich, P.A. online. I accept collect calls from jails and correctional facilities in Crow Wing and nearby counties and can arrange an immediate visit with you onsite if you are in custody and need assistance. I charge a reasonable flat fee, which is set up front. In some cases, my fee can be comfortably spread out into monthly payments during the duration of your case. My office is conveniently located across from the Crow Wing County Court House. I am happy to schedule an evening or weekend appointment if needed.
- See more at: http://www.brainerddwilawyer.com/firm/assault/#sthash.Mkj9aFt9.dpuf

Minnesota DWIs (Explained)

Generally, as a Minnesota Criminal Defense Attorney I recognize that Drunk Driving/DWI cases fall into one of two types: 

The first category is the least prevalent.  Here, there is a flaw in the government's case.  That means: maybe the police lacked proper cause to make an arrest or their testing equipment was flawed, or the officer did not do the tests Or... maybe there is a problem with the chain of custody or other evidence issues.  There are a number of possibilities that might make the case difficult or impossible to prove.  This is where someone with experience on both sides of the aisle, like me, can be helpful.  First, I know what to look for in a case to find weaknesses.  Second, I know the value of weaknesses to the defense case.  Finally, I can make an informed judgment as to what my client can possibly expect.  In short, experience helps get the best results.

The second category is more likely.  Here, there is no problem with the government's case that can be exploited... The cops did their jobs correctly, the equipment was in proper working condition, and there are really no issues, etc.  The government has a strong belief that it can make its case without difficulty.  Here, experience counts too.  By having been on the other side of well over a 1,000 DWI prosecutions, I know the best results that can be expected.  Just because the case is an uphill battle for the accused doesn't mean you can't a break.  Of course, individual results will depend on the circumstances.

The bottom line is that if you are accused of a Minnesota DWI violation, the Rolloff Law Office can help.  Call today: (612) 234-1165.

Stopped For a Minnesota DWI? (Explained)

As I am sure you're aware --- Minnesota Police Officer are focused on DWI enforcement  - often to the exclusion of all other offenses.  So... what does that mean for you, right?

Everyone knows weekends mean more celebrations... going out, etc, and that means more police on the roads. It's no secret -- the news even reports on it. So how do you stay out of trouble?

The first and best way to avoid a Drunk Driving Arrest --- and a call to an experienced Minnesota DWI Attorney is, of course, to avoid driving while impaired. You can:

Use a designated driver.
Call a commercial designated driver program if you have had a few too many (in the Twin Cities, services like Drink and Drive Intelligently (651-338-1425) or Dry Drivers (651-491-9363) provide you AND your car a ride home). 

Know your limits. 

B.A.C. Calculators can help you estimate whether you would fail a breathalyzer. 

Be safe.
Failing that, what happens if you get pulled over for Driving Under the Influence? 

What should you do, and what should you not do?

DO

• DO be polite and courteous with police. You will NEVER help yourself by being rude or especially assaulting police.
• DO take a breathalyzer test if requested. Minnesota is an "implied consent" state, which means it is a crime to refuse to submit to a breathalyzer. In fact, the penalties for refusing to take a breathalyzer test can be more severe than driving drunk. In almost all circumstances, you are better off taking the breath test, even if you think you will fail it.
• DO pay attention to the officer's name and, if possible, badge number.
• DO sign a traffic citation if you receive one. Signing a traffic ticket is just agreeing that you received it; it is not an admission of guilt.
• DO write down your own version of what happened as soon as possible. It will help you remember later and may help you if your case goes to trial.
• Finally, DO call a lawyer immediately if you are arrested, and refuse to answer any questions other than your identifying information.

DON'T

• DO NOT, ever, verbally or physically assault a police officer. This will subject you to much more serious charges.
• DO NOT lie to police officers. Again, this is far more likely to land you in greater trouble than it is to get you out of it.
• DO NOT answer any questions about your evening or how much you have been drinking. You have a right not to answer questions. Exercise it.
• DO NOT sign anything except a normal traffic ticket.

By following these steps, you can keep yourself out of trouble, or at least, keep the trouble you are already in from getting worse. Be safe this weekend.

What to Expect From Your MN DWI Attorney (Explained)

If you find yourself at the mercy of the criminal justice system, charged with Drunk Driving, you probably already know you are in some pretty serious trouble. It’s not just the (all too often) mandatory jail that should scare you, but the mandatory fines and fees (typically approaching $1500) and the loss of driving privileges (up to 90 day driver’s license suspension on a first-time (misdemeanor) offense) that really adds insult to injury. If you find yourself charged with a Minnesota DWI you need to get a great Minnesota Criminal Defense Attorney – but what should you expect from them? Hopefully after you read this post you’ll have a better idea of what we can do for you.

A Minnesota Drunk Driving Lawyer is Not a Miracle Worker
If you are hiring The Rolloff Law Office (or any --- ANY --- lawyer) to come in and represent you on your Drunk Driving arrest and you’re expecting to walk away, and you’re going to be disappointed if you don’t, you are setting yourself up for disappointment. I hate to say that, but it’s impossible to guarantee a victory when you are charged with a DWI. There are bunch of reasons why, but the first and foremost reason is that the deck is stacked against us from the get go.

Any experienced Minnesota DWI Lawyer that you talk to that tells you he’s won more cases than he has lost is either lying to you or he hasn’t had that many cases. These things are hard to win. The laws are set up against you. If you want a great outcome, you’ve got to be willing to fight.

Your DWI Lawyer Should Fight Hard for You
If I would ever find myself charged with a Minnesota DWI (and trust me when I say one never knows when something like this could happen – even if you’ve had nothing to drink) there is one thing I would want to from my lawyer – when the case is over, I want to feel like we gave it everything we had, that we tried our best to win.

Fighting a Minnesota Drunk Driving arrest is a lot like playing a game of basketball against a team that is allowed to play with 7 players to your 5 and has the rules set up so that every time you try anything it’s a foul and any time the other team throws up a shot it goes in the basket. Those are the kind of odds we’re facing. The only way to win in a situation like that is to put your head down and outwork and out hustle the other team. Having that kind of advantage makes you lazy and prone to mistakes. By fighting hard you can create and take advantage of some of those mistakes.

(Maybe you're asking how I know these things - well --- if you've read my bio you know that I cut my teeth on the other side of the aisle.  Yes --- you go with me, and you're hiring a Minnesota Criminal Defense Attorney who learned the game from the inside - as a former prosecutor.) 

Who You Going to Call?

If you or someone you love needs help with a legal issue - like a Minnesota DWI - if you work with the Rolloff Law Office you'll be guaranteed unparalleled access to us, unparallelled effort, and unparalleled excellence. We fight the good fight. We go down swinging. We leave everything on the floor. If you need a Minnesota DWI attorney, please give us a call: (612) 234-1165

Minnesota Field Sobriety Tests (Don't Do 'Em?)

Believe it or not, Minnesota's Standardized Field Sobriety Tests are NOT a valid method for determining impairment --- due to drug or alcohol use.  Shocking - but true.  Ask any self-respecting Minnesota Criminal Defense Attorney - like me.

If you hold "other" beliefs - after examining the following questions - tell me if you have even the slightest change of heat.

Field Sobriety tests Are Meaningless 


Here are some simple questions that should demonstrate to any right thinking individual why those road-side calisthenics the cops have drivers go through are all pointless.

• Have you ever stumbled while walking?
• Did that stumbling mean you were drunk?
• If you can stumble while walking normally, what about when asked to perform the difficult and awkward task of walking heel-to-toe?
• (As a side note, does anybody actually walk this way?)
• What about standing on one leg?
• Is this something you practice often?
• If you stumbled does that automatically mean you are drunk?

The fact of the matter is that "not passing" these very difficult Field Sobriety Tests can be attributed to a number of factors. such as:

• Age
• Body weight/size
• Medical History - including any lingering leg or back injuries
• The type of shoes one has on
• Innate Clumsiness
• Nervousness

Despite everything set-forth above, the government (and judges) continue to place a lot of weight on these tests to determine intoxication.  As a result, many innocent people have been found guilty of M9innesota DWIs (especially DWI- where drug use is implied.

Think About it

Considering was been laid out here, this is why I suggest that (if you have been arrested for a Minnesota DWI) that consider hiring an attorney who is willing to fight the good fight - especially when it comes to is an Field Sobriety Testing - sop you can defend yourself against this "junk science" in court.  Protect your rights - contact the Rolloff Law Office today to get answers to your legal dilemmas.  Call:  (612) 234-1165.

Minnesota Domestic Assault (Explained)

Domestic Assault cases more often than not arise out of a dispute between husband and wife, boyfriend and girlfriend or people living together.  Some recent high profile cases, in the State of Minnesota, include the prosecution of Chris Cook - the Minnesota Viking who was recently acquitted of such a charge. 

Of the cases I worked, both as a former prosecutor and now on this side of the aisle, these types of matters are often the messiest.  Not only are they difficult for the government to prove --- it can be equally as trying for the accused to demonstrate their innocence- especially without the help of an experienced Minnesota Criminal Defense Attorney.

Elements

Essentially, at its most simplistic level, Domestic Assault is the act of placing another person in fear of being harmed and/or in-fact harming that person.  Therefore, punching, slapping, hitting and/or almost any act of physical contact - or the threat of as much - can be construed to comport with a hyper-technical reading of the statute and subject you to a possible criminal conviction.

Level of Charges

5th Degree Domestic Assault is a Misdemeanor level offense punishable by a maximum of 90 days in jail and/or a $1,000 fine. However, Domestic Assault can be charged out at both a Gross Misdemeanor and a Felony based on the harm done and/or someones prior record.  See, convictions for these sorts of offenses are what are referred to as enhanceable offenses. As such, if a person is charged with 5th Degree Domestic Assault more than once with the same alleged victim (over a certain period of time,)than it can be charged as a Gross Misdemeanor (Maximum of one year in jail and a $3,000 fine) or even a felony if aggravating circumstances or prior offenses are present.

No Contact Orders

More often than not, a Domestic Assault case involves an Order for Protection or a No Contact order. This is an order by the Court that restricts the individual charged from having ANY contact (direct or in-direct) with the alleged victim. To have this type of Order vacated - and to regain contact - a Judge must allow it. No contact orders are very strict and any violation of the order could land the violator in jail - facing a whole new charge.

What You Should Do?

Whenever a case is analyzed it is critical to know details about the reason you were approached by police, what procedures the officers used during your seizure and subsequent arrest, what is contained in your record (ie., your prior criminal/traffic history,) whether the officer read you your Miranda rights when you were arrested, were you allowed to contact an attorney, and many other variables.

Understanding that there are a lot of balls in the air, the next best decision is to sit down with an experienced Minnesota Criminal Defense Attorney to get answers.  Remember, you're going to get one chance to get this right.  If you FAIL ... the consequences could be with you long after your court case is closed. 

It is very important to have legal representation since these are very serious types of cases. If you want to know what you need to know - and get insight into those things you didn't even know you didn't know - then call the Rolloff Law Office at (612) 234-1165 to set up a FREE CONSULTATION.  I'm a DA who has taken what the government taught me about prosecuting cases like this - to earn my clients fair and just results.