Avoid a Minnesota DWI (After You've Been Pulled Over)

I don't think that anyone ever plans one being pulled over by the police for a DWI but if you are one of those types who likes to be prepare for every eventuallity, then here are some helpful tips.

Propbably more than any other criminal offense, law enforcement is often hard at work arresting people for Drunk Driving.  Believe you me, the cops are looking to make arrests and in the process often arrest perfectly innocent people or shortcuting  investigation to make their stats.

So what should you do to make sure you are not falsely convicted of a Minnesota DWI? 
Here are five practical tips you can follow to protect yourself and your rights:

1. Shut up!

The consitution affords you the right to remain silent; so use it.  It’s amazing how many people try to reason with the officer and end up talking their way into trouble instead of out of it.  Don’t tell them where you are coming from; don’t tell them where you are going.  Just give them the requested documents and identification information and stay quiet.

Sure, the police will try to pressure you to talk.  They may lie and say things like “Looks like you’ve got something to hide” or “By not cooperating you’re only making things worse for yourself.” Don’t fall for these lies and pressure tactics.  Politely answer: “Officer, I choose to use my right to remain silent”.
Remember, “ANYTHING you say, can and will be used against you in a court of law.” But, your silence can never be used in that manner.

2. Don’t Blow

The portable breath testing (PBT) machines that the police use in the field are very inaccurate. Even if you have had nothing to drink, the faulty technology in these machine can still produce an erroneous result.  The good news is blowing into them is 100% optional. So, refuse it.

Your refusal to blow into these devices cannot be used against you in the State of Minnesota  Granted, failure to do as much might lead to your arrest - but if the officer intended on arresting you --- then this test was going to be your saving grace anyway.  (Note: You you do have to submit to the request for a blood, breath or urine sample asked of you back at the cop shop.  If you do not, you maybe charged with a DWI Refusal.

3. Don’t Do the Field Sobriety Tests

Sometimes police officers will ask you to step out of the vehicle to perform some physical tests like the Walk and Turn, a one-leg stand and/or follow-my-finger-with-your-eyes test.  Like the PBT, these are also completely voluntary and can only cause you trouble.  Many sober people have physical conditions that may cause them to fail or they might be clumsy or nervous.   This is why you are better off staying put and refusing.

4. As Soon as Possible: Write Things Down

Make sure to take notes so you don’t lose track of important facts. Don’t give it to anyone.  Make sure to note the time of stop, where it was made, weather conditions, the name of the officer, names of witnesses and any other possible details.  Details win cases and the more you have the stronger your case can be.  (Believe it or not - law enforcement can be sloppy.  If they fail to dot their I's or cross their T's --- that could be your saving grace.)

5. Get a Lawyer. Fast.At the first opportunity possible call an experienced Minnesota Criminal Defense Attorney and get some answers.  Many matters in a DWI case are time sensitive and contacting a lawyer early on can greatly increase your chances of a successful defense.

DWI defense is one of the cornerstones of my practice. Please do not confused what I have offered here as a "get out of jail free" card.  Rather, I'm relating to you some of my knowledge from having had not only defended many DWI cases - but also the hundreds that I prosecuted.  I take Drunk Driving very seriously and encourage everyone to make responsible decisions.  I'm not encouraging people to drive while intoxicated. In fact, what I'm trying to do here is encourage innocent people to be aware of their rights and use them to protect themselves against false conviction.

If You need help call the Rolloff Law Office today - (612) 234-1165.  Take the next right step.

Your MN DWI Arrest - What You Need to Know

When you are pulled over and arrested for a Drunkn Driving, a lot of things are racing through your mind: How did this happen? What should I do? Who should I talk to? However, while it is understandable that you may be overwhelmed and anxious, it is important to follow certain practices and make note of the events that surround your arrest.

Important Things That You Should Understand About a DWI Arrest


1. Your Minnesota DWI Attorney should obtain all reports and information surrounding your arrest.


While the details of your arrest may be blurry and confusing due to alcohol or the stress surrounding the event, it is important to make note of several things for your lawyer:

• What you were doing prior to your contact with law enforcement?  Be sure to tell your lawyer about anything earlier in the day that may have influenced your condition - sleep deprivation, illness, etc.
• Record what you had to drink - and how much. Be sure to take special note of the time that you drank each beverage because timing can sometimes be more important than quantity.
• Find out the reason stated for stopping you. Did you violate a traffic law; were you swerving or driving erratically?
• Record the statements that you made to the officer. Be sure to tell your lawyer whether or not you admitted to drinking and driving. Also, it’s important to note if you asked to speak to a lawyer at some point during your arrest.
• Recall whether the officer asked or ordered you to take a roadside test. Field sobriety tests are not mandatory in the State of Minnesota, however many officers will not volunteer this information to you.
• Did you take a blood, breath or urine test? If so, what were the results? 
• Were there any witnesses present for your arrest?

2. You must act immediately to protect your right to drive


As soon as you were arrested, the officer should have given you a notice (ie. paperwork) about the forthcoming revocation of your driver's license.  Read this carefully because it is important to understand that from the date the notice was served, you have a limited number of days to request a hearing to fight the revocation of your license. If you do not request a hearing within that time frame your license will be lost - and you'll have no way to fight that aspect of your case.

3. There are many ways your arresting officer’s testimony could be discredited

• Inconsistent statements: If the officer changes his story about the circumstances surrounding the arrest. This could also occur if his accounts of the field sobriety test do not line up with video footage.
• Inability to conduct the field sobriety test in the proper manner: Field sobriety tests have to be performed per the prescribed standardized manner by a skilled officer who is in a controlled environment. Even then, field sobriety tests can be an inaccurate indicator of intoxication levels.
• Failure to recollect: If your arresting officer cannot recall activities surrounding your arrest such as why he pulled you over or how you performed on your tests.

What Should You Do?

It is important to understand your rights when you have been arrested on Drunk Driving charges. Be sure to consult an experienced Minnesota DWI Lawyer if you have any further questions about Minnesota laws or DWI cases. Call the Rolloff Law Office today (612) 234-1165,

Minnesota DWI - Videos (Explained)

If I told you that you were under arrest for a Minnesota DWI - and that the whole encounter with law enforcement was captured on video - what would you say?

My guess is that most people hearing that news would be pretty anxious or nervous about what was recorded - right?  Well, whenever I learn that there's a video of an arrest, I get kind of pumped.

Why I Love Drunk Driving Videos

In most Minnesota communities, police squad cars are being outfitted with the latest video recording equipment.  (Heck, in one city, officers own bodies are being used to carry such devices.)  And believe it or not, video is great for a number of reasons - not the least of which is that it doesn't have the biased view that law enforcement often carrys with them into almost any arrest situations.  Video cameras can't smell alcohol, they aren't congratulated on their number of Drunk Driving arrests they make and they don't have quotas for stops of vehicles and DWI investigations. They simply record what happens, as it happens.


Guess Who Hates Drunk Driving Videos.

If you might be anxious about how you'd appear on an arrest video - can you imagine how the officer feels?  If my past experience - working with law enforcement - as a prosecutor is any indication, they absolutely hate it.  They're number one complaint - that videos don't catch the little "nuances" of what they see.

Now, I never quite understood this argument because in my humble opinion the video is often as clear as day when it comes to showing someone doing or not doing something - such as: crossing a line, stumbling, or slurring their speech. 

The Truth

In theory, video was supposed to make the work of the DA easier and the work of a Minnesota Criminal Defense Attorney harder. But it usually works in the other way.

I love having video evidence - it shows me what the police reports never do: What actually happened.

What Should You Do?

If you are charged with Drunk Driving, don't wait to get help. Call the Rolloff Law Office today - (612) 234-1165. We are ready to serve as your Minnesota DWI Attorney, and we'll do whatever we can to get the resolution you want. Call

How to Find a Minnesota Criminal Defense Attorney

There are many different ways that you can go about finding an experienced Minnesota Criminal Defense Attorney.  Obviously, I'd be honored to speak to you about your case but the purpose of this article is designed to give you some insight into the places you might want to look for help.

The Internet is a Huge Resource

It is very hard to hide anything about a professional, such as a lawyer, in the internet these days.  If someone has done poor work there is probably an article, comment, or negative review out there that you can read in making your decision to hire a specific person.  Note, many times competitors will post fake comments in order to try to hurt their competition – use your common sense and judgment and do your research.

There are many sites out there that attempt to objectively rank lawyers against one another.  Sites such as www.avvo.com, www.lawyerratingz.com, are two examples that you might want to look at to get a better picture of your attorney.  It is important to know that on some of these sites lawyers can purchase their position on search results – so again, do your homework on the attorney you are considering hiring.

Ask the Criminal Attorney about His Experience
Experience is a completely subjective matter.  There are attorneys that have practiced law for twenty years, but never had a jury trial.  There are others that have practiced for three years and had over a hundred.  There are attorneys that focus specifically in one area of law, where others are more general.  Each has its advantages – a specialist, or an attorney that devotes their practice to a specific area might be better suited for complex litigation but a more general criminal defense attorney may have the flexibility necessary to completely handle your case.

When talking to the attorney ask them about the other attorneys you’ve spoken to.  An attorney that is confident in their own abilities will probably not speak poorly of another attorney – I know I never would.  As a practical matter I always recommend that my potential clients speak to as many attorneys as possible, because it is important to select a lawyer that you feel comfortable with – it is your life, freedom, and reputation on the line in criminal cases.

How to Get a Hold of Me
I would be honored if you spoke to me about becoming your Criminal Defense Attorney, give me a call at (612) 234-1165 and we can discuss your case today - for free.

Minnesota Criminal Background Checks (Explained)

In this technological era files have become very accessible and access to your records is no exception.

Background checks have become more and more common and any criminal record can be very harmful to employment options, bank loans and even apartment rental opportunities.. Fortunately there is something you might be able to do to delete or stop access to your criminal records.

Minnesota Expungement

An Expungement is the  removal of your crime from your criminal record. An experienced Minnesota Criminal Defense Attorney can help you with getting an expungement.

Who Qualifies?

Various people are eligible to get an Expungement. These people may include individuals arrested for an offense but never convicted, someone charged for a crime that was later dismissed, someone acquitted (ie. found not guilty) by a judge or jury.

Benefits

There are many benefits that come along with getting an Expungement - in addition to cleaning your criminal record. Once your records have been expunged you can deny ever being charged with that crime (except under oath in which case you can state only that those records have been expunged). For example, when looking for a job, you can tell employers that you have never been convicted of a crime. Other benefits that you may be eligible for after an Expungement include eligibility for housing assistance, student loans, and state issued licenses.

What To Do Next

Expungement procedures are long and very complicated, but the end result can be of a huge benefit to you if your record is cleaned.  If you have any questions or need legal advice --- call the Rolloff Law Office today at (612) 234-1165 to set up a FREE meeting to learn about your options.  

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.