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.

Minnesota Expungements - Clean Your Record (Explained)

If you have been arrested, charged,  or convicted of a crime, then you understand the negative impact a criminal record can have on your life.  In Minnesota, all of this criminal history data, including arrests without a conviction, are public information.  Many employers, landlords, financial institutes and schools perform criminal background checks on all applicants which means your past will continue to haunt you in the future. You may have trouble finding decent employment, finding a place to live, obtaining a loan or even getting into a school. Expungement can put an end to these constant problems.

If you want help, contact a Minnesota Criminal Defense Attorney - today.  If you think you want to go it alone - here are some helpful suggestions:

Learn What is On Your Record

The first thing to do is find out what information exists.  In Minnesota, the Court and the Bureau of Criminal Apprehension (BCA) each maintain a public criminal history database.  Searching these websites is free and easy.  This is a big part of the problem, but it is helpful when trying to find out what information is available to interested parties.

Minnesota’s district court’s database is located here.

BCA’s criminal history database can be found here.

Expungement Rules and Regulations

The rules of expungement are not set in stone because of some inconsistent findings between the Minnesota Supreme Court and the Minnesota Court of Appeals.  However, every expungement case is assessed on an individual basis but, in general, the following factors will determine your ability to have your conviction erased.

Amount of time since the offense.  As a general rule of thumb, wait at least two years to petition to expunge a misdemeanor conviction and longer for a felony.

Rehabilitation measures taken. In general, if you have displayed good public behavior since the arrest, avoiding any additional arrests, participating in counseling, anger management and/or rehabilitation as requested by the judge, then you will have a better chance of having your conviction taken off the record.

Case resolved in your favor.  If you were found not guilty or the case was dismissed by the judge or the prosecutor or you entered into a pre-trial diversion program (without entering a plea of guilt) you will have a much easier time expunging the record.  If the case was not resolved in your favor, the expungement request must be requested under the court’s inherent authority, which is a tougher process.

Drug offenses.  Certain drug offenses may be expunged pursuant to statute which makes the process easier.

Seriousness of the crime. Certain convictions can never be sealed, such as sexual assault and other offenses requiring post conviction registration.

The Rolloff Law Office can help you or someone you love with an expungement of a misdemeanor, gross misdemeanor or felony conviction.  Contact me today at (612) 234-1165 to set up a FREE consultation.  

DAC-IPS (Explained)

DAC-IPS = Driving After Cancelation - Inimical to Public Safety

In Minnesota, a driver is declared inimical to public safety often after their third DWI offense.  Inimical to public safety essentially means “completely unable to control a vehicle without endangering others.”  Drivers must go through a difficult and prolonged chemical dependency treatment in order to have their driving privileges reinstated.  In addition, that renewed license will be subject to a B-Card restriction — meaning any use of alcohol by the driver will invalidate his or her license, even if they aren’t driving when discovered to be drinking.  If there is a violation, there are subsequent rehabilitation periods that can last several years depending upon the number of DWI’s the driver has.  Rehabilitation will require complete abstinence, affidavits from people who can attest to the same, and a lot of time devoted to dependency groups.

Why is the State doing this?  The State has recognized that it is impossible to get people to stop drinking, even if they know they have a problem and want to stop it.  So the State simply assumes that people with alcohol addiction are always driving intoxicated.  The remaining option is to take away the driver’s license, or at least make it very difficult to keep while still suffering from the effects of alcohol.  1 in 7 Minnesotans has a DWI.  Of the people who get a first, only 10% get a second.  But of the people who get a second, 60% get a third.  The State has thrown the repeat offenders into very specific grouping as a way to identify and keep track of this specific population.

Nearly every client of an experienced Minnesota Criminal Defense Attorney says the same thing — they can handle the criminal consequences of DWI, but it’s the license sanctions that are the real punishment.  Try not driving for six years and see how easy it isn’t.  If you have been charged with a DAC-IPS offense, there are ways to reduce the impact and potentially maintain your license — but you must talk with an attorney in order to find out if these options are available to you.

Still Confused?

If you want help with a criminal case, call the Rolloff Law Office - today - at (612) 234-1165