Minnesota DWI - Physical Control (Explained)

Being a Minnesota Criminal Defense Attorney for as long as I have, one of the most difficult concepts I've had to relate to far too many clients the notion of “physical control” as it relates to Drunk Driving cases.  In other words, the idea that someone could be charged or convicted of a Minnesota DWI for just sitting or lying in a motor vehicle.

Granted, this one can be a real head-scratcher --- you can get a DWI for not driving and/or "sleeping one off"?  Sadly, the answer is big fat YES!

What's Up With That?

Over the last several years, Minnesota Courts have given a very broad definition of “physical control” when it comes to DWI charging. As an example, in a January of  2010, the Minnesota Supreme Court ruled, in the case of the State of Minnesota vs. Fleck, that it was proper for a jury to find Mr. Fleck guilty when  he was found asleep in his motor vehicle in the parking lot of his apartment complex.

In this case, when the cops got on the scene,  they found Mr. Fleck asleep behind the wheel of his vehicle with the driver’s side door open and the ignition keys in the center console of the vehicle between the driver and passenger seats.  As is often the case, with these sorts of matters, there is an assumption that, although law enforcement did not see the actual driving conduct, it’s clear that the individual actually drove to the location based on other circumstantial evidence. However, in Fleck, the officer’s had determined that Mr. Fleck had not recently driven his motor vehicle because the car was “cold to the touch”, the lights were not on, and it did not look as though the vehicle had been running. However, the Minnesota Supreme Court found that Mr. Fleck was in a position to exercise domain over his vehicle. In other words, without too much difficulty, the Court believed he  could have made his motor vehicle a source of danger on the roadways by awakening, in an intoxicated state, and then subsequently taking the keys from the console and starting the vehicle and driving off.

Isn't that ice to know --- that law enforcement can just "know" (ala the Tom Cruise movie “Minority Report”) not just what you've done but also what you're going to do --- even before you do it?

Again, as an experienced Minnesota DWI Defense Lawyer, who has had to argue the concept of “physical control” many times throughout my career, this decision comes as little surprise. Nevertheless, this case is remarkable in the sense that there was actual evidence that the driver did NOT drive the motor vehicle to the location, but the Court still found “physical control”.

Now, does this mean that this result will always repeat itself --- that there is no hope?  Not necessarily.  As a matter of fact, often cases such as these can be negotiated (often at something less than a DWI) if you engage the services of a someone who knows what he's doing when it comes to criminal defense.  If you want answers for your legal dilemma - call The Rolloff Law Office today @ (612) 619-0262.  Just because you've been charged does not mean you'll be found guilty.  Believe it.

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 Public Defenders (Explained)

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Here's a question I wrestle with all too often: Is a Public Defenders the right lawyers for your criminal case? Well, after nearly a decade of working with them, I am convinced they are good lawyers for their "guilty" clients - most of the time.  But, you have to understand, they do not have the time or resources avaliable to them to give you the sort of representation you might expecte when your future is on the line. 

What Does a Public Defender Do?

A typical Public Defender Lawyer in Minnesota handling serious felony cases like Sexual Assault on a Child, Narcotics cases or Robbery and Assault matters will usually handle close to eighty cases at a time. A misdemeanor Minnesota Public Defender lawyer can carry a caseload of over a hundred at a time. With this heavy caseload, no lawyer can do their best work for you. They are forced to choose which cases to pour themselves into.  Essentially, their like the doctors on MASH (albeit not as funny) - performing triage. This means they work hard to plea bargain as many as possible, so they have time to invest in cases where mandatory prison or heavy jail sentences are the norm. Triage of cases does not mean the Public Defender does not care about you. They propbably care a lot; howevcer, they simply cannot devote the time to your case that an experience Minnesota Crimnal Defense Attorney like I can.

What Can You Do?

Your experienced Minnesoat Criminal Defense Attorney should invest themselves in your case. Like myself, they should worry about the next step in your case, be concerned about contacting witnesses, and treat you like family. You lawyer should get angry with the abuses of police and the refusal of courts to care whether you keep your job or maintain contact with your children.

I have experience informing and persuading the court, DAs and probation officers, of unintended consequences of a crimnal charge/sentence. Trust me - you need an advocate to save what is important to you, and a Public Defender simply does not have the time to invest in all these matters.

I meet with witnesses or investigators to go meet witnesses. I travel to the scene of a crime and get the feel of what happened. I spend time working with you, reviewing the evidence against you --- preparing you for court.  As your lawyer, I care about what happens to you and I invest the time to prove it. When the police contact you, make an immediate decision to exercise your Fifth Amendment Right to silence, and call the Rolloff Law Office at (612) 234-1165. Together, we can protect your rights and your future.

Minnesota Criminal Sentences (Explained)

Just as many of us know - there's more than one way to skin a cat - there are also many ways a Minnesota criminal case can be resolved.  As an experienced Minnesota Criminal Defense Attorney, I've worked out deals that have encompassed everyone of these outcomes. 

Below are a list of the sentences one may receive in a Minnesota courtroom - with the best outcome (save for an outright dismissal) listed at the top with the "less" better results following behind.    

• Continuance for Dismissal/Continuance without Prosecution (CFD/CWOP): Here, the government sets aside your case for a set amount of time, and they then will dismiss the case after that period of time if you fulfill all of their conditions.
• Stay of Adjudication: The individual 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 charged individual 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:  An individual offers a guilty plea which the court accepts.  He/she is then placed on probation, with certain (or all) terms of the sentence are stayed - not given.  For example, someone who is sentence to 30 days in jail “stayed” would not have to go to jail if they successfully fulfill the terms of their probation.
• Execution of Sentence:  Here, the accused offers a guilty plea which the court accepts, and the sentence is imposed without any terms/conditions stayed.  For example, someone who is sentenced to 90 days of jail “executed” would actually have to serve that jail time.

What Can 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 their arrest and the investigation by law enforcement agencies; and I consider the circumstances of the charges in their case, as well as any 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 at (612) 234-1165 and schedule a no-cost, no obligation consultation.