Minnesota Expungement Lawyer (Explained)

On May 14, 2014, Governor Dayton signed into law important changes to laws governing the sealing and/or expungement of criminal records in the State of Minnesota

Prior to the new law, in most cases, the Court was not allowed to expunge executive branch records. The new law fixes this problem and allows Courts to order executive branch agencies to seal their records.  Executive branch agencies include:

• The Bureau of Criminal Apprehension (“BCA”);
• The Minnesota Department of Human Services (“DHS”);
• The Minnesota Department of Health (“MDH”);
• Police departments;
• City and county attorneys’ offices;
• The Attorney General’s Office;
• The Board of Teaching; and
• County Sheriff’s offices.

Is this the chance you have been waiting for - to put you past in the past?  If so, contact an experienced Minnesota Criminal Defense Attorney to begin the process of expunging your record.  


The Benefits of an Expungement


The new law provides meaningful relief to individuals because the Court is able to seal both judicial and executive branch records.  This means individuals now have a chance to seal all records held by any agency. 

As some of you might already be well-aware --- employers and landlords frequently investigate an applicant’s criminal background as part of the hiring/leasing process.  And ... sadly ... individuals with criminal histories may be rejected from employment or housing because of the existence of these records, even if a charge was dismissed or the individual is rehabilitated.  

When a Court orders that criminal records are to be sealed/expunged, it means that all of the records are sealed from public access.  

If a Court Orders expungement of records held by the judicial branch, it means that the individual’s criminal record cannot be viewed or accessed through the state court website or at the Courthouse.  If a Court Orders expungement of records held by the executive branch, it means that the individual’s criminal record generally cannot be viewed or accessed at any of the above-listed agencies, so long as the expungement Order is directed to that particular agency.  

Gain this result and an individual with a criminal background will likely face fewer obstacles toobtaining employment and/or housing if both executive branch and judicial branch records are expunged.

Contact The Rolloff Law Office at (612) 234-1165 to discuss petitioning for the expungement/sealing of your court record.

Minnesota Criminal Defense Attorney (How To)

As a former prosecutor, and now a defense attorney, it surprises me how many people go into court with out even speaking to an attorney.  Seriosuly, in my opinion waaaaaay too many people plead guilty to crimes that they would not be convicted of if they had a lawyer.

If you even think you need a lawyer - odds are you do need a lawyer.  That being said, what kind of lawyer do you need?  Here are a few things you might want to consider when looking for a Minnesota Criminal Defense Attorney.  

• Does that attorney practice only criminal law?  An attorney who focuses on only one area of law may be more knowledgeable about your case.  You wouldn't want to trust your life to a surgeon who only practices medicine part time.
• Are you hiring an attorney or a firm?  You want to hire one attorney who will handle your case from beginning to end.  This attorney will know more about your case and may get you a better result.  At some firms you think you are hiring one attorney, only to have your case assigned to a junior associate.  Choose and hire an attorney, not a firm.
• Is your initial consultation free?  If you cannot sit down face-to-face and discuss your case for free, how can you decide if it is worth hiring that attorney?
• Are you being promised a specific result?  NO attorney can guarantee specific results, no matter what.  Choose an attorney who will tell you the truth and give you the facts you need to make the decisions yourself.

If you are considering hiring an attorney, or even if you are curious about what your charges mean, contact The Rolloff Law Office and schedule a FREE initial consultation to discuss your case.  

I practice only criminal law, having been both a city and state prosecutor.  When you hire me, I will be the only attorney who works on your case.  I pride myself on my candor with my clients.  I never sugar-coat situations and I always give my clients all of the facts and advice necessary for them to make their own informed decisions. 

When I meet with you, I will tell you if you even need to hire an attorney at all.  If you do decide to retain our services, I offer reasonable fees, payment plans, and you can make payments by credit card.

You need to know your rights.  You need to speak with an attorney before you make any decisions.  Call The Rolloff Law Office today at (612) 234-1165.

Minnesota Assault (Explained)

If you have been charged with an Assault crime in Minnesota you may be concerned that you could be facing serious consequences - like jail and a large fine.  Understanding that, as an experienced Minnesota Criminal Defense Attorney, I know the kind of stress this can cause and I will fight for you as you face the prosecutor, the judge --- and the jury.

Felony Assault charges can result in very severe penalties and jail time. Shoot, even the least serious Assault charge -  5th degree misdemeanor Assault - can result in real fines, possible jail time, and a permanent criminal record that will follow you for the rest of your life.

There may be a perfectly logical explanation to your behavior the night of the incident. You were acting in self defense, or it was a mutual disagreement that escalated. These kinds of sloppy arrests happen all the time, unfortunately. But now you have a complicated criminal legal problem you need to sort out.

Or maybe you made a made a mistake you now regret. We are interested in learning what exactly led up to your charge.

Having successfully defended many assault cases like yours in Minnesota, I know what you are up against. I know the Minnesota criminal courts - from the prosecution side and the defense side -  and I can put that knowledge to work for you.

Minnesota Assault Laws & Penalties


First Degree Assault

If you commit Assault that causes great bodily harm to someone you may be charged with this serious felony.  “Great bodily harm” is defined as injury which causes substantial risk of death or causes disfigurement or loss or loss of use of any organ or bodily member.

Second Degree Assault

You may be charged with 2nd degree Assault if you assault someone with a dangerous weapon. If the alleged victim suffers “substantial bodily harm” you will face a potential sentence of up to 10 years and fines of $20,000. However, if there is not “substantial bodily harm”, the potential sentence is dropped to up to 7 years in prison and $14,000 in fines.

Third Degree Assault

There are three ways in which 3rd degree Assault can be committed. If you do any of the following you could face this serious felony charges:

• Assault resulting in substantial bodily harm 
• Assault on a minor where there is a history of abusive behavior 
• Assault on a victim under 4 years of age 

Fourth Degree Assault

You may face 4th degree Assault charges if you assault certain people. For instance, Assault on a police officer in the line of duty,  school officials, corrections officers, firefighters, or an EMT can also land you with a 4th degree assault charge.

Also, if you assault someone because of bias in regards to their religion, race, sexual preference, or disability you could also face gross misdemeanor charges.

Fifth Degree Assault

You may be charged with misdemeanor 5th degree Assault (and face up to 90 days in jail and a $1,000 fine or both) if you  commit an act with intent to cause fear of bodily harm or death or if you intentionally inflict or attempt to inflict bodily harm on another.

Get Your Free Consultation 

Facing prison terms and hefty fines can leave you with a lot on your mind. The only way to know for certain what you are facing is to consult with an experienced Minnesota Criminal Defense Attorney. Call the Rolloff Law Office at (612) 234-1165 to set up a FREE consultation on your Assault case today.

Minnesota Criminal Defense Questions (Answered)

As an expereinced Minnesota Criminal Defense Attorney I get questions - lots and lots of questions.  Here are some of the most common ones.

How do I choose an attorney?

When you are facing criminal charges, the quality and commitment of your defense attorney is a crucial issue. Will the attorney take the time to focus on your case? Will you be "just another number"? At The Rolloff Law Office, we provide personal legal services on a one-on-one basis, and our results-oriented approach to defending charges and our reasonable rates can allow you to have the quality defender you need, as well as the personal attention to your case that is actually necessary if you are hoping to avoid a conviction.

Will I go to jail for a Minnesota DWI charge?

Any DWI offense carries the potential of jail time. Under Minnesota Statues, chapter 169A, even a first time DWI conviction can mean up to 90 days in jail and a fine of $1,000. This is in a simple DWI offense, without any aggravating factors or a breath test refusal. If you have a prior conviction of DWI within the last 10 years, including a test refusal or other aggravating factor, you could face third degree charges, which are punishable by up to 1 year in jail as well as a fine of $3,000. Felony DWI charges, when convicted can lead to up to 7 years in prison and a $14,000 fine. These cases involve 3 prior convictions, or one prior felony DWI conviction. Any DWI or DUI charge is serious and should be aggressively defended.

What if I discover I am under investigation for a violent crime?

If you are under investigation and not yet arrested, you can assume that an arrest will take place in the near future. It is crucial that you exercise your right to remain silent and do not engage in any interviews with law enforcement or other investigatory units without first retaining the services of an attorney. Protecting your rights in any questions can be a pivotal factor in defending against the charges when they are filed.

What criminal charges does your office defend?

The Rolloff Law Office is committed to providing an aggressive defense against all types of criminal charges, from any Drunk Driving arrest, through to probation violations or charges of Assault, Drug Charges, Disorderly Conduct to any manner of Theft crimes --- from Misdemeanors to Felonys.  Expereince criminal defense representation unlike any youve ever known before - that's a promise.  Call today: (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.

Minnesota 2nd Degree DWI (Explained)

A 2nd degree DWI is the second-most severe DWI in Minnesota. This offense is labeled a gross misdemeanor, which means it is punishable by up to 1 year in jail and/or a $3,000. In addition, a 2nd degree DWI carries a number of collateral consequences, including loss of driver’s license, impoundment of license plates (“whiskey plates”), and forfeiture of the vehicle used in the incident.  As such, more likely than not you're going to need some assistance.  My suggestion - contact a Minnesota Criminal Defense Attorney - ASAP.

Why Were You Charged With a 2nd Degree DWI?

A 2nd degree DWI occurs when someone drives, operates and/or is in control of a motor vehicle at a time that he is intoxicated (usually with BAC over 0.08) and there are "other" aggravating factors. These may include: prior DWI convictions, driver's license revocations premised on alcol-related arrest, having a child in the vehicle at the time of the arrest and/or having a BAC above 0.20. If two of these factors are present, then you will be charged with second degree DUI.  Additionally, a DWI test refusal with one aggravating factor will also result in a second degree DWI.

What are your options?

A second degree DWI is a very serious charge.  Not only can it result in jail time, the loss of your driver's license and the forfieture of your vehicle - you may also be required to pay numerous reinstatement fees and higher insurance rates to become a valid driver again.

What Should You Do?

Retaining a good Minnesota DWI lawyer is usually your best option when facing a charge of this nature. The Rolloff Law Office has represented many individuals facing charges of this nature - and worse.  If you or someone you love needs help, call today: (612) 234-1165 or email me jay@rollofflawoffice  to set up a free consultation and learn all about your defenses.

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.

If You Think You Need An Attorney ... (Explained)

As a former prosecutor, and now a defense attorney, it surprises me how many people go into court with out even speaking to an attorney.  Seriosuly, in my opinion waaaaaay too many people plead guilty to crimes that they would not be convicted of if they had a lawyer.

If you even think you need a lawyer - odds are you do need a lawyer.  That being said, what kind of lawyer do you need?  Here are a few things you might want to consider when looking for a Minnesota Criminal Defense Attorney. 

• Does that attorney practice only criminal law?  An attorney who focuses on only one area of law may be more knowledgeable about your case.  You wouldn’t want to trust your life to a surgeon who only practices medicine part time.
• Are you hiring an attorney or a firm?  You want to hire one attorney who will handle your case from beginning to end.  This attorney will know more about your case and may get you a better result.  At some firms you think you are hiring one attorney, only to have your case assigned to a junior associate.  Choose and hire an attorney, not a firm.
• Is your initial consultation free?  If you cannot sit down face-to-face and discuss your case for free, how can you decide if it is worth hiring that attorney?
• Are you being promised a specific result?  NO attorney can guarantee specific results, no matter what.  Choose an attorney who will tell you the truth and give you the facts you need to make the decisions yourself.

If you are considering hiring an attorney, or even if you are curious about what your charges mean, contact The Rolloff Law Office and schedule a FREE initial consultation to discuss your case. 

I practice only criminal law, having been both a city and state prosecutor.  When you hire me, I will be the only attorney who works on your case.  I pride myself on my candor with my clients.  I never sugar-coat situations and I always give my clients all of the facts and advice necessary for them to make their own informed decisions. 

When I meet with you, I will tell you if you even need to hire an attorney at all.  If you do decide to retain our services, I offer reasonable fees, payment plans, and you can make payments by credit card.

You need to know your rights.  You need to speak with an attorney before you make any decisions.  Call The Rolloff Law Office today at (612) 234-1165.

Minnesota Probation Violations (Explained)

Often as part of every criminal sentence meted out by a judge - for a misdemeanor, gross misdemeanor and felony plea - is the prospect of being placed on Probation.  In my opinion, the system would want one to believe that this is a type of leniency that allows a convicted individual to remain in or re-enter society.  But, as anyone who has ever been placed on probation - there's often nothing too easy abou it.

Generally speaking, defendants may be sentenced only to a probationary term or probation may be granted after some time in custody has been served.  If someone is place on probation, that person is often supervised by an agent - who is employed by the corrections system.

If you receive notice of a Probation Violation, or even if you just think you may have violated your probation but have not yet been suspected or accused of it, you should quickly contact an experienced Minnesota Probation Violation Defense Attorney.

Probation Violations (Defined)

Because Probation is a form of leniency, it can be revoked at any time.  This often is the case when someone violates the terms of the probation sentence laid out by the judge.  A few examples of such violations includes:incurring a new criminal charge, failing to submit to or failing a drug/alcohol test, moving - without informing your agent, missing a scheduled probation meeting, and/or failing to appear for court.

If You've Violated Your Probation

If you are suspected of committing a violation, you'll often receive notice of it and be ordered to appear in court.  At a violation or Probation revocation hearing, the court will determine whether the violation actually occurred and then you'll be asked if you admit or deny the violation.  If you deny it, the government must put forth evidence showing that it is more likely than not that you in fact did fail to follow the court's order.  You'll also have a chance to put forth your own evidence.  Then, the judge decides if that burden is met. 

Probation Violations (Consequences)

If you're found to have violated your probation, there are a number of possible outcomes - good and bad, such as: continuing the probation without punishment for the violation,  modifying the conditions of the probation or extending the length of probation,  revoking the probation and executing the stayed (ie., suspended) jail sentence hanging over the violator's head. This basically means that your original sentence would be re-activated.

Probation Violations Defenses

Since the burden of proof is much lower at a Probation Violation hearing than at trial, it is very important that you be represented an experienced Minnesota Criminal Defense Attorney.  Often the best defense is no defense at all; rather, I've found that my best successes come when working with the government's lawyers to arrive at an agreement that elevates the need for a hearing and/or the harshest of consequences. Even if your violation stems from a new criminal offense, not only can I fight to win you a dismissal or acquittal on those charges - I can also work to ensure that the new sentence runs concurrently with (and not consecutively to) the probation sentence.

What Should You Do?

For a long time now, Minnesota law has recognized that people who have make a few, isolated mistakes while on probation should have the opportunity to not have that error to lead to the ultimate consequence.  If you feel as though what you've read here applies to you, contact an experienced Minnesota Probation Violation Hearing Attorney to discuss your questions and concerns and to get the ball rolling working to ensure that your slip doesn't continue to hinder your future.

Minnesota DWI Charges with a Test Below (.08)?

In Minnesota, we're told that the legal drinking limit is (.08). What that means is that if the alcohol content of your blood (your "BAC") is determined to be (.08) or higher, you are legally considered intoxicated and can be charged with Drunk Driving.

That being said, did you know that you can also be charged with a Minnesota DWI even though your BAC is found to be less than (.08)?

In a case where an individual's BAC is measured to be less than (.08), the government cannot offer the blood test to prove that the offender was driving drunk. Rather, what they will rely on (for charging - and at trial) are the observations made by the officer that made the arrest.

What he'll have to explain is how and why an individual's driving conduct and/or actions and appearance at the time of the stop lead the officer to conclude that the driver was under the influence of even a minimal amount of alcohol. Often this is done by offering evidence of any failed Field Sobriety Tests.

Granted, in many of these cases, a plea bargain is often available - but if you want to fight the charge - knows this: These matters are very defensible.

What Should You Do?

In order to navigate the often confusing legal system, your first best call should be to an experienced Minnesota DWI attorney.  If you want to take full advantage of the one shot you'll have to right this wrong - contact the Rolloff Law Office today for the comprehensive legal services that you'll need to ensure the best possible resolution of your DWI case.

Call today - (612) 234-1165 for a free, no obligation consultation.

Why Should You Fight Your DWI Arrest?

If my experience as a prosecutor and as a Minnesota DWI Attorney has taught me anything it's that well-meaning individuals fail to fully appreciate the nature and consequences of becoming entangled in the criminal justice system. Nowhere is this more evident than with those charged with a (first) DWI.

For whatever reason, too many people will either try to represent themselves and/or hire a general practitioner-type attroney.  IMHO, neither have the knowledge or experience to provide their clients with the advice that they'll need to best serve their interests - in the short and long term. 

Believe me, and I've seen it often enough to know, a Drunk Driving conviction can change somone's whole life - not only in due to the penalties imposed by the judge like large fines, community service obligations and possible jail time - but also because of the long-term collateral consequences that can have a lasting and signifigant impact on one's future.

What Sort of Long Term Impacts?

One example of the severity of Minnesota's DWI penalties, can be illustrated by a gentleman I'll call Paul - a successful salesman.

In the fall of 2007, Paul was cited for Drunk Driving. Not believeing that anything could really be done about his arrest (because he'd been drinking before he drove,) he walked into court without an attorney and "fell on his sword" - pleading guilty without first fully assessing the true nature and consequences of his actions.

To say that he came to regret this decision would be an understatement.  See, due to the nature of Paul's work - having a valid driver's license was a necessary prerequisite.

Paul's loss of his driver's license effected his ability to meet clients. As such, he had to either beg, cajole or hire other people to drive him to client meeting or risk being caught driving on a suspended license. 

Then there was the stigma of his arrest and conviction.  Once word got around about that, some of his clients became reluctant to deal with him and his sales numbers suffered.  Then, when the recession hit Paul was laid off - owning in no small part to his declining sales numbers and performance.

As anyone who has been out of work can appreciate, it’s tough out there - to find that next job or even get that first interview.  What Paul learned sas that these difficulties were made worse by his dependence on others to give him rides to interviews. (This continued even after Paul had his driving privledges re-instated because he could not afford the expensive insurance premiums he was now being asked to pay.)

If Paul was lucky enough to gain an interview - where he could demonstrate his skills and past successes - he often left those meetings feeling as though he would be offered the job.  However, that wasn't the case. After a while, Paul came to conclude that maybe his DWI arrest was the deciding factor - after he came to learn that anyone (including a potential employer) could easily access Minnesota criminal records online.

Of course, without a job Paul was unable to keep up with his bills - first being forced to sell his vehicle and soon thereafter his townhouse.  As the recession continued, he ran up of credit cards, and due to his mounting debt he was forced to sell anything of value

The vicious cycle continued until he was forced to declare bankruptcy in late 2009 and later eventually divorce in 2010.  He fell in to depression and substance abuse. 

Once a symbol of the American Dream, Paul is now a casualty of the war on Drunk Drivers.

What Can 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 the Rolloff Law Office today to schedule a free, no-obligation consultation, today.

DWI - Save Your Minnesota Driver's License

Just because you have been arrested for a Minnesota DWI (or refused to take the DWI blood, breath or urine test) does not mean that you will automatically lose your driver’s license.

If you've been stopped for a DWI - then, either on the night you were stopped or subsequently in the mail - you were probably informed that your license would be soon be taken away. 

If you drive after losing your license, you may have to pay a high bond or bail to get out of jail. Under Minnesota state law, you also will face another criminal charge - one that could see you facing jail time and a huge fine --- all of this in addition to the DWI consequences you could be up against. 

So, what should you do?

How to Save Your Minnesota Driver's License

Here are the most common steps that your Minnesota Criminal Defense Attorney should take to ensure that your driver's license is saved.

1. Request a hearing and demand the officers' presence. This will afford you and your attorney a preview of what evidence the government will rely on at trial, a rare thing when it comes to criminal cases. All officers involved in the case must show up and justify the actions which resulted in the revocation of your license.
2. Retest the sample, if possible. Testing errors may save your license.
3. Investigate the adequacy of the stop of your vehicle. The officer must have had a reasonable articuable suspicion that a crime or traffic infraction was being committed before he can legally stop you..
4. Investigate the adequacy of the arrest and request for a test. In most cases the officer must have developed probable cause to believe that you were impaired by alcohol before placing your under arrest.
5. Check the times of events. Officers must perform the tests within certain guidelines.
6. Check the labeling of the sample. It must be identified as being yours.
7. Demand an Implied Consent Hearing in front of a judge. Fabrications and other errors are often first noticed at these hearings.

How Do You Get Started?

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.  The sooner you get started the better.