Minnesota Criminal Sentences (Explained)

As a Minnesota Criminal Defense Attorney I get questions --- lots and lots of questions.  Here's one -about outcomes to criminal cases -- arranged from "best" to worst.

What are Some of the Different Types of Minnesota Criminal Sentences?

• Continuance for Dismissal/Continuance without Prosecution (CFD/CWOP): The state sets aside your case for a predetermined amount of time, and they dismiss the case after that period of time if you fulfill their conditions.
• Stay of Adjudication: The defendant offers a guilty plea to the court, but the court does not accept it. There is then a probationary period set with certain conditions. If the terms of the probationary period are met, the case is dismissed at the end of that period.
• Stay of Imposition: The defendant offers a guilty plea to the court which the court accepts, but does not impose the full sentence. There is a probationary period set with certain conditions, and at the end of the probationary period (if all conditions are fulfilled) the conviction may be reduced (e.g. from a felony to a misdemeanor) or it may be vacated and dismissed.
• Stay of Execution of Sentence: The defendant offers a guilty plea which the court accepts. The defendant is then placed on probation, with certain (or all) terms of the sentence are stayed (not given). For example, someone who is sentence to 45 days in jail “stayed” would not have to go to jail if they successfully fulfill the terms of their probation.
• Execution of Sentence: The defendant offers a guilty plea which the court accepts, and the sentence is imposed without any terms stayed. For example, someone who is sentenced to 30 days jail “executed” would actually have to serve that jail time.

Want to Know More?

Obviously, there's more to what goes on in court that can be set forth here.  If you have any questions about Sentences --- or anything related to your dilemma --- call the Rolloff Law Office today and set up an apointment for a Free Consultation: (612) 234-1165.

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

MN Criminal Defense Lawyers (Affordable vs. Cheap)

How many of us can agree that  just because something is more expensive does not make it inherently better.  On the flip side ... then isn't it true that: something that is cheaper than a similar product is likely just as good, and therefore a better value?  Not always.

When I was in school, as you can imagine, I lived on a tight budget.  These restriction forced me to cut corners and to do without.  But, what I came to learn - especially as it concerned my love for a certain chocolate ice cream - the bargain basement/generic brand just couldn't/wouldn't cut it. This experience taught me a hard lesson about value vs. cost.

Now, I did eventually find a suitable substitute and often (still) purchase it instead of my favorite - earning me an nice little savings each time I pick up a pint at the grocery store.  So, it isn't that all generic ice creams are disgusting, but the first one I tried sure was. 

How does this relate to hiring an attorney?  Just like with cheap ice cream, it's all about finding a Minnesota Criminal Defense Attorney that both fits your budget and your taste.

What Should You Pay?

In a perfect world, money would be no object for people when choosing a Minnesota Criminal Defense Lawyer and they would be able to meet with many prospects - determining which one is the best fit for them, and then happily write a check for whatever the agreed upon amount for representation ends up being.  Unfortunately, that's not the way the world works.  Most people need to shop for bargains for everything from ice cream to shoelaces.  Picking a Minnesota Criminal Defense Attorneys should be no different.

However, that is easier said than done when you future's on the line - right?  Seriously, how do you avoid getting the sh*thead attorney and having to learn your lesson the hard way?  There are a few things you can do to "test" lawyers when you meet with them that can help you figure out whether they're inexpensive because they're bad or just because they're economical.

What to Consider

First, don't bring up price with a lawyer before you talk about anything else.  The last thing I want to hear from a potential client as soon as I answer the phone is "I'm just looking for a price for..."  What this tells me is that their plan is to call a ton of lawyers to find out which one will agree to do it for the least money.  I don't want those clients.  I believe that my rates are exceptionally reasonable, and I have even been known to cut folks a deal in certain situations, but a client that cares more about getting a good price than they do about getting good representation isn't one that I want to work with. 

Why?

Clients like that are often less interested in participating in their defense and are less likely to ever pay the reduced fee they are looking for.  Don't be that kind of client.  If for no other reason, bring up cost at the beginning of a consultation is not effective because most lawyers will want to hear what they're dealing with before they'll give you a quote.  Minnesota Criminal Defense attorneys know their services are expensive and cost prohibitive for a lot of people.  If your case is interesting enough, some lawyers may be willing to meet you in the middle on fees.  You'll never find out if they are open to that if you offend them by complaining about money right away.

Second, have good questions ready when you call or meet with an attorney.  Most lawyers won't have all the answers for you during an initial consultation.  That's what legal research is for.  They should, however, be able to answer your basic questions regarding the type of punishment you could face, potential defense strategies, and your case's strengths and weaknesses.  If you meet with a lawyer that doesn't seem to know much about your charge, that's a red flag.  All attorneys will say things like "I'll have to look this up" or "this is somewhat unique, so I'll have to look at some cases," but those shouldn't be the only answers they offer.  Look for an attorney who appears to be up on current laws, precedents, and techniques in the field.  Attorney's who aren't will spend a lot of time looking up basic questions, which in the end will end up costing you money in billable hours.

Third, be extremely leery of any lawyer who's quote is significantly lower than other lawyers you meet with.  If four lawyers quoted you between $2500 and $3000 for a certain case, be careful of the attorney who says he can do it for $1000.  Rates that low can be indicators of three things:

1) This lawyer is so new to the game that he or she has no idea what their time is worth.  While I don't think experience is all it's cracked up to be (experience is something older attorneys highlight, while younger attorneys highlight how hard they work and the attention they'll give you), you don't want someone handling your case who clearly has no idea what they're getting into;
2) This lawyer, for whatever reason, has so much trouble finding clients that when someone calls them with a case, they will agree to pretty much any fee arrangement just to sign the client.  Aggressiveness is a good quality in a lawyer; desperation is not.  An attorney that is so desperate to sign you to an agreement that they're willing to charge 40% of what everyone else charges for your case is an attorney you'll want to steer clear of; and
3) This lawyer charges so little because he or she takes any and every case that comes across his desk and deals with a HUGE volume of work.  I call this the Costco theory of lawyering.  Costco can sell goods at reduced costs because they buy and sell so damn much of everything.  Their profit margin on each item might be a little less than a smaller store, but the sheer volume of transactions make them on of the most profitable companies in the world.  The issue with Costco is that their products and service aren't always top notch.  The same goes for attorneys who overextend themselves.

What Should You Do?

Basically, you need to use common sense when hiring a Minnesota Criminal Defense Attorney, just the same as you need to when purchasing a car, house, or ice cream.  If you feel comfortable with a lawyer and they meet your budget, your search is over.  If you feel comfortable with someone but they charge more than you're really prepared to spend, you need to decide whether it's worth the extended cost to get representation you'll be comfortable with.  If someone is in your price range but doesn't exactly instill you with confidence in their ability to handle your case efficiently and effectively, you're probably better off continuing your search.

There's no doubt that finding the right attorney can be an arduous process.  Whether you've been charged with Drunk Driving, a felony, a misdemeanor, a traffic violation, or a juvenile crime, contact the Rolloff Law Office at (612) 234-1165 to get a FREE consultation and see what it's like to have someone on your journey with you. 

Minnesota Misdemeanors (Explained)

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

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

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

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

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

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

What Should You Do?

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

Top 5 Minnesota Assault Questions

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

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

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

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

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

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

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

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

Minnesota Speeding Tickets - 100 MPH or More (Explained)

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

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

Tickets (Explained)

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

What Should You Do?

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

Minnesota DWI Conviction - SR-22 Insurance Form (Explained)

One of the hidden penalties of a Drunk Driving arrest, as discussed earlier, is the impact on your motor vehicle insurance. If you've been recently convicted of a Minnesota DWI you may be required to file an SR-22 Insurance Form before you can apply for the reinstatement of your driver’s license. 

As with all DWI related issue, it is important that you discuss this issue with an experienced Minnesota Criminal Defense Attorney to explore the options applicable for your specific situation.

What's an SR-22 Form; Why Do I Need One?

An SR-22 is an insurance certificate that individuals who have been convicted of DWIs and/other related offenses maybe required to submit. Generally, the form is filed by your insurance provider and is meant to prove your financial responsibility through a sufficient and existing liability insurance policy that you have with that provider.  If required such a form is required, you are often obliged to maintain an SR-22 insurance policy for at least three years, depending on the nature of your conviction.

The types of SR-22 forms that may apply if you've been convicted of Drunk Driving include: (i.) an Operator’s Certificate for when do not own a vehicle; (ii.) an Owner’s Certificate for vehicles you own; and (iii.) an Operators-Owners Certificate for owned and non-owned vehicles that you may use.

Where Do You Get SR-22 Insurance Policy Forms?

Auto insurance providers, who specialize in SR-22s, will have these forms. However, I would caution you to shop around - because some providers charge higher premiums than others. Shop around; remember, you're going to be required to carry this level of coverage for at least three years, you are going to need to factor cost into any decision to go with a vehicle insurance provider,  If you need help, contact your Minnesota DWI Attorney for a recommendation.

Then, once you settle on an insurance provider, you have to pay the processing fee and wait for the agency to send the proper request to the Minnesota Department of Public Safety - this usually takes approximately 30 days. If you're approved - you will receive the SR-22 form from the insurance company and a letter from the department stating the details of it.

One Important Reminder!

Never let your SR-22 lapse. Insurance providers are required by law to immediately notify the state if your SR-22 coverage runs out.  If that is the case - you could see your license revoked and you may have to go through the whole SR-22 procedure again - this could also include starting the three-year minimum period starting all over again too.

What Should You Do?

If you have been convicted of Drunk Driving, one of the most important discussions you'll have to have with your Minnesota DWI Attorney is on the whole SR-22 issue. Know this, the process isn’t easy, but with some assistance I do believe that you’ll find that it is in your best interest to submit to it if you wish to regain your driving privileges as soon as possible.


If you've been charged a Minnesota DWI call the Rolloff Law Office at (612) 619-0262 and have me review your case for free. 

DWI Field Sobriety Tests - The One Leg Stand (Explained)

Just like with the the Walk & Turn test, another standard Field Sobriety Test you should prepare yourself for - as you would "study up" before any sort of examination - is the One Leg Stand Test.  To do your best on this task, an experienced Minnesota Criminal Defense Attorney is going to tell you that it is important that you understand not only the procedures involved but also what the cops are really looking for when they have your perform this test.  Plus, like with the other Drunk Driving tests, this one also makes for a fun party game, no?

One Leg Stand Test (Explained)

As with any of these tests, the officer who has you perform them will most likely will read from a set of instructions much like those offered here - straight from the standard field manner for how to administer such exercises.

First, before having your perform the test, the officer should make sure that you are on a hard, level, non-slippery surface. (Special consideration should also be given to those individuals over a certain age, of a certain weight and/or those who have a physical impairment that would affect their performance.)

As with the Walk & Turn Test, this test also consists of two stages: instruction and performance.

The Instructions

During this stage, you will be the told what to do and and ways to score.  In addition, these instructions should not only be explained to you, the officer should also demonstrate the test . Here's what you should be tasked with.

1. Stand with your feet together and your arms down at the sides, (like this.)
2. Do not start to perform the test until I tell you to do so.
3. Do you understand the instructions so far?
4. When I tell you to start, raise one leg, either leg, with the foot approximately six inches off the ground, keeping your raised foot parallel to the ground."
5. You must keep both legs straight, arms at your side.
6. While holding that position, count out loud in the following manner: 'one thousand and one, one thousand and two, one thousand and three, until told to stop.'
7. Keep your arms at your sides at all times and keep watching the raised foot.
8. Do you understand?
9. Go ahead and perform the test.

In addition, you should also be told that if you put your foot down while taking the test, that you should pick it up and continue counting from the point where your foot touched the ground.

The Performance/Scoring

As with any test, you're going to want to know how it's score - so you can do what's necessary to pass, right? Not knowing the criteria - coupled with trying to perform this test at night, with a cop bearing down on you, and traffic whizzing by - is bound to impact even the best test-takers performance. So, try this, before you read ahead, take a stab at the test. Then, after you've read the "teacher's guide" try it again.  My guess is, your performance will improve. 

During this test, the officer is looking for these behaviors: 

• Raising your arms in order to gain your balance
• Hopping on one-foot
• Swaying
• Putting your foot down and/or touching the ground
• Failing to complete the test 

This is what your performance will be graded on. And, believe it or not, two or more of these "signs" can equal a FAIL and give the officer probable cause to arrest you. 

What To Do

If your not doing some pre-test studying - but rather you've been arrested for Drunk Driving after failing this silly examination, your next, best step should be to contact an experienced Minnesota DWI Defense Attorney. The One-Leg Stand Test - like nearly all of these tasks - is entirely subjective, and a person could fail it for many reasons other than being intoxicated. An attorney can investigate whether the test was administered properly and what your performance really showed.

But, just as I explained before, in the State of Minnesota taking these tests is completely voluntary. As such, my advice to you is: Don't take these tests - they cannot help you. As a matter of fact, they'll often only hurt one's chances of beating a Drunk Driving charge because the cops tend to pay more attention to every little slip or misstep you make and they often ignore or disregard every correct one - o paint a picture of you as a drunk driver. 

Just say no!

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.

DWI Field Sobriety Tests - The Walk and Turn

Falling somewhere between the "Hokey-Pokey" and "Simon Says" - Field Sobriety Testing for Drunk Driving is an integral element in DWI prosecution - and defense. The tests are often used by an investigating officer to establish probable cause to arrest someone for DWI; and, in cases where no test of someone's blood, breath or urine was collected - one's performance on said tests can be used to ultimately determine whether there are sufficient indicia of intoxication to establish a per se violation of the Drunk Driving law.

With this awareness of the test's importance in mind, you would be suprised how many how many police officers, prosecutors, attorneys and judges lack even a basic understanding of their procedures and what one's performance on these tests actually determines.

So, even though it may feel a little silly, the next time you're throwing back a few "pops" - you might want to consider making yourself something of an expert on Field Sobriety Tests by practicing them - at a time in which your not under the watchful eye of a police officer.

Seriously, the better you understand the tests - the more familiar you are with the instructions, the performance thereof and what's expected of you- the better your chances might become at passing them. As my dad used to loved to repeat - practice makes perfect.

In the end, would that you and I were to be able to discuss taking these tests at all - I'd advise you (in no uncertain terms) to NOT take them.  However, if you feel you need to try and impress your new friend in law enforcement - I would suggest that you become intimately familiar with what these tests are really trying to reveal --- your ability to perform a task - at a time in which your attention is being pulled in more than one direction at a time.

The Walk & Turn Test - Explained

So as not to screw this up, police officers often read from a standard set of instructions when asking a driver to perform these tests.  (Click HERE for a video explanation.) What I would suggest of you - is that prior to performing this test, make yourself familiar with the instructions, and then attempt the test.  The better you understand what will be asked of you - I would posit --- the better your chance at success.

1. Place your left foot on the line (real or imaginary).
2. Place your right foot on the line ahead of the left foot, which heel of right foot against toe of left foot.
3. Place your arms down at your sides.
4. Maintain this position until I have completed the instructions. Do not start to walk until told to do so.
5. Do you understand the instructions so far?
6. When I tell you to start, take nine heel-to-toe steps, turn, and take nine heel-to-toe steps back.
7. When you turn, keep the front foot on the line, and turn by taking a series of small steps with the other foot. (Often the officer will demonstrate the exact turn he would like you to perform - pay attention.)
8. While you are walking, keep your arms at your sides, watch your feet at all times, and count your steps out loud.
9. Once you start walking, don't stop until you have completed the test.
10. Do you understand the instructions?
11. Begin and count your first step from the heel-to-toe position as one.

Now try the test.

What the Officer is Looking For

While your walking the line, this is what the police are keeping the closest eye on:

• Did you keep your balance - while being instructed in the test?
• Were you able to touch heel-to-toe - what was the largest distance between the two?
• Did you keep your balance - while performing the test? 
• Did you sway?
• Did you "use" your arms to balance; did you raise them more than six-inches from your side?
• Did you start the test - before being instructed to do so?
• Did you stop in the middle of the test?
• How did you execute the turn - was it as instructed?
• Did you take the proper number of steps - or too few/many?

If an officer observes two or more of the above listed "clues" --- you have FAILED the test.

Now, knowing what you know, you may want to retake the test --- and in the privacy of your own home, you have that option. However, believe it or not, the certification manual for Field Sobriety Testing asserts to officers that if someone struggles with this test that he or she should NOT have a driver them re-take it - because the test loses its "sensitivity" if repeated.  Therefore, if you don't get your practice in now - odds are you're not going to get a 2nd chance to make a 1st impression on an officer in the field.

What You Should Do  

At the end of the day, as any experienced, Minnesota DWI Attorney will tell you, by performing these tests -  you cold do more harm than good to your case. However, if your so inclined - understanding what you might be in for - if you do choose to take these tests - could go along way toward keeping you from a DWI arrest. 

DYK: April 21 is Distracted Driving Enforcement Day?

If you've heard it once - you've heard it a thousand time - Distracted Driving is as bad as (if not worse than) Drunk Driving. As such, a concerted effort is underway today in the State of Minnesota to bring attention and awareness to the dangers of distracted driving - where by some counts, almost 70 deaths and 350 injuries can be directly attributed.  

Following a tragic accident in St. Louis Park, where a motorcyclist was nearly killed recently, this heightened patrol could not be more timely. So, how can you prepare yourself - and avoid a ticket?

What to Know

Generally speaking, the police are seeking to address four categories of distraction:

• Visual - looking away from the road;
• Physical - taking hands off the wheel to use a cell phone or adjusting radio/music device;
• Cognitive - being “lost in thought” or focusing on a conversation, which results in less situational awareness;
• Combination of the above - reading a map or texting while driving.

Some Suggestions

• Cell phones — turn them off or place them out of reach so you're not tempted to dial or answer. If a passenger is present, ask them to handle calls/texts.
• Music and other controls — pre-program favorite radio stations for easy access and arrange music (mp3 player/CDs/tapes) in an easy-to-access spot. Adjust mirrors and heat/AC before traveling, or ask a passenger for help.
• Navigation — designate a passenger to serve as a co-pilot to help with directions. If driving alone, map out destinations in advance, and pull over to study a map.
• Eating and drinking — if you cannot avoid food/beverage, at least avoid messy foods, and be sure food and drinks are secured.
• Children — teach children the importance of good behavior in a vehicle; do not underestimate how distracting it can be to tend to children while driving.
• If you’re a passenger, speak up to stop drivers from distracted driving behavior.

Exceptions

Understand that although distractions are aplenty when you're behind the wheel, there are instances where even the most this behavior is allowed.  Specifically, the law does not prohibit, use of a wireless communications device that is used solely in a voice-activated or other hands-free mode when making a call and/or otherwise when trying to seek emergency assistance to report a traffic accident, medical emergency, or serious traffic hazard, or to prevent a crime about to be committed. 

What To Do if You Get a Ticket

If you've been charged with a Distracted Driving-type offense- you really owe it to yourself to know your rights. One way to do that - contact an experienced Minnesota Criminal Defense Attorney. The sooner you make that call, the better your defense will be.

Fair Play?

As the esteemed Mr. Ward rightly asserts in this article - and any client should know - defense attorneys have an "absolute right" to request reassignment if they don't believe a judge can be fair.

As a matter of fact, I'll take it one further - as a Minnesota Criminal Defense Attorney, it is my overriding responsibility to do the best that I can do for my client - and if that means that I know a judge is not going to give my him or her a fair shake - then I have a duty to remove that judge.

If the government is going to come after you - if they are seeking to take away your rights and freedoms, to fine you huge sums of money, and to possibly do harm to your reputation and to your future - then the least that they can do is to allow my client and I to have their case decided out on a level playing field. To do otherwise, cheapens justice for all of us.

Common DWI-Drunk Driving Questions - Part II

What do the cops look for seeking out drunk drivers on the highway? 

Believe it or not, it isn't red sports cars, those pick-ups with the loud exhaust, or just about anybody out driving around at 3:00 am. The National Highway Traffic Administration has compiled a Top 20 list of the things that the the cops look for when attempting to determine if someone is driving a vehicle while under the influence of alcohol. Double the Letterman - none of the fun... Drum roll - please:

20. Headlights off
19. Accelerating or decelerating rapidly
18. Turning abruptly or illegally
17. Stopping inappropriately
16. Slow responses to traffic signals
15. Signaling inconsistent with driving conduct
14. Driving into opposing lane or oncoming traffic
13. Braking erratically
12. Driving onto the center line and/or "fog" line
11. Drifting (in your lane)
10. Following too closely
 9. Stopping without cause - in your traffic lane
 8. Speeding less than 10 m.p.h. below the posted limit
 7. Swerving
 6. Driving somewhere other than the roadway
 5. Weaving
 4. Almost striking object or other vehicle
 3. "Appearing" to be drunk
 2. Straddling the center-line

And the #1 symptom the police look for when attempting to determine whether someone is driving while drunk - Wide turns.

Speeding, incidentally, is not a common symptom of DWI. Apparently, that's because of the (often) quicker judgment and reflexes necessary when traveling at a high rate of speed - which to those who know may tend to indicate sobriety rather than intoxication.

No matter the rhyme or reason, a DWI arrest is a serious matter - for you, for your family, and for your future. If you've never been through something like this before - and more than a few of us have - you should strongly consider not going it alone. At the very least, sit down and talk to a Minnesota DWI Attorney - to understand what rights you have and how you can get the results you desire. 

Understand this, just because you've been arrested for Drunk Driving does not mean you'll be convicted. Make sure someone looks out for you - just like you're looking out for you future.