If you’ve ever seen a film or television show in which a police officer arrested someone, you probably heard them tell the suspect “you have the right to remain silent.” Why must law enforcement officials do this? Read More...

As of January this year, Minnesota’s prison population was just over 7,000 according to figures from the Department of Corrections. Full-time incarceration is a costly crime management tool for the taxpayer, so authorities try to keep offenders out of cells where workable alternatives are available. Read More...

The average American driver has a 1% chance of getting pulled over by a police officer in a given year. A law enforcement official can pull you over for many different reasons, but they cannot detain you without probable cause. Read More...

Statistics from 2018 indicated that over 36% of Minnesotans owned at least one firearm. As you’ll know if you’ve ever bought a gun from a licensed seller, federal law requires purchasers to undergo a background check to ensure they are legally permitted to buy a weapon. Read More...

Statistics published in March 2020 tell us America’s prison population sat at around 2.3 million just before the pandemic. COVID-19 presented significant challenges in terms of prisons, particularly with regard to offenders who were charged and processed after it began, as well as those inmates with underlying health conditions.  Read More...

Lawmakers across the country have begun to crack down on cell phone use while driving in recent years.

So, does that mean all cell phone use in cars is now against the law? Not quite. While the rules in this area are strict, there are certain circumstances under which you may legally use your device on the road.

In order to stay safe on the roads and remain compliant with the law, it’s important to be aware of the relevant provisions.

What You’re Not Allowed to Do

The most important rule is that you cannot hold your phone while driving, even while pulled up at a traffic light or intersection. A police officer does not have to prove you were using your phone in order to issue a ticket; as long as you’re holding it while driving, you may be guilty of an offense. 

Furthermore, it’s illegal to make video calls, conduct live streams, look at text messages, photos, or videos, or use any app other than for navigation. If you need to do any of these things while traveling, you must first stop in a safe place (such as a gas station). Bear in mind that it’s illegal to pull up in the shoulder of a freeway or controlled-access highway in Minnesota.

How to Use Your Phone in the Car Safely & Legally Read More...

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There is a diverse range of possible outcomes after a DUI arrest. Hiring a DUI attorney with the right skillset is the best way to maximize your chances of securing a favorable result.

The ten tips below cover everything you need to know to hire the best DUI attorney for your case.

1. Ask Around Read More...

Plea bargaining has become more and more central to criminal law in America, at both the federal and state levels.

This is as true of drunk driving offenses as other crimes. There are several reasons why those charged with driving under the influence never face a jury or court trial. First, some people simply wish to avoid the hassle and inconvenience that comes with a DWI trial. Others feel there’s nothing to be gained from going to trial, especially if a favorable resolution has been reached through the pretrial negotiation process. 

These sentiments are understandable, but they don’t always lead to good decision-making by defendants. Many Minnesota DWI charges have legal issues that could lead to acquittals, if presented to a jury. Each case is different; the only way to see whether yours is worth bringing to trial is by seeking legal advice.

Advantages of Undergoing a DWI Trial

The primary advantage of taking a DWI to trial is the possibility of securing an acquittal. Unless a judge decides to dismiss your case on a pretrial motion, this is generally the only way you’ll escape a DWI charge without any blemish on your record.

Avoiding a criminal record is a good idea for a number of reasons. Many employers conduct background checks on prospective hires nowadays; a conviction on your record may disqualify you from jobs. While Minnesota’s “ban the box” legislation prohibits employers from asking about criminal history on initial application forms, there’s nothing stopping them from doing so later in your application process. Landlords and financial institutions can also undertake these checks.

While it’s possible to have a DWI expunged from your record, it’s obviously preferable not to get convicted in the first place.

Advantages of Taking a DWI Plea Deal

Through the pretrial process, it is still possible to resolve your matter without a DWI conviction. With effective legal representation, you may be able to negotiate your way from a DWI/DUI conviction through different proposals offered by the prosecution such as reduced offenses or other avenues that result in a non-conviction for DWI. It is important to remember, to receive such an outcome, having the assistance of an experienced attorney that focuses on drunk driving representation is crucial.

Obviously, defendants who accept DWI plea bargains usually emerge with better outcomes than those who choose go to trial and eventually are found guilty of DUI, even if they don’t have their charges downgraded. It’s fair to assume they’re less likely to end up in jail and more than likely pay lower fines. There are also the intangibles. Many individuals simply want to avoid the stress that a jury trial may bring, especially if they can reach a favorable outcome prior to trial that may avoid a DWI conviction.

What Should You Do?

Generally, many prosecutors are inclined to want to try to resolve matters without the necessity of a trial when it comes to DWI related charges. However, it is still imperative that your defense is presented in a persuasive way even during the negotiation process. For instance, if your case looks winnable, your attorney can often negotiate a more favorable outcome since the prosecution might feel they are facing a possible acquittal, if the case is tried. Again, the decision to ultimately go to trial will need to be weighed between you and your attorney with you making the best decision for yourself, in light of all the facts.

In summary, If you find yourself facing DWI related charges, we can help you decide which course of action is best in your situation.

Contact us today Read More...

There are dozens, if not hundreds, of police reports filed in Minnesota each day. These vary in nature on the basis of the matter in question, as well as on the officer writing the report.

If you’ve been arrested for a DWI offense, your first instinct might not be to think about the police report that was filed on the incident. However, this document could end up being crucial to the outcome of your case.

A Minnesota DWI police report will cover the technical details of what happened, as well as the perceptions of the officer (or officers) present. If there are inconsistencies, they could have the potential to derail the prosecutor’s case. That’s why careful analysis of the police report is often the first step for lawyers defending a DWI charge. 

What’s in a DWI Police Report? Read More...

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A significant percentage of the drivers who made up that number will undoubtedly have been surprised at their breathalyzer result. Many of those who are convicted of drunk driving offenses are just marginally over the relevant limit.

The best way to stay compliant with the law here is to know how much alcohol you’re allowed to have in your system. This is known as the blood alcohol concentration (BAC) limit. You should also know what that means for you as an individual; different people process alcohol at different speeds. 

How Much Is Too Much?

For alcohol-related DWI charges, the state of Minnesota sets out a basic legal maximum of below 0.08% blood alcohol concentration. This means that, if your blood is at or more than 8 parts alcohol per 1000 parts blood, it is an offense for you to operate a motor vehicle. 

However, it’s not quite as simple as that. You can be charged with a DWI with a lower blood alcohol concentration than 0.08% if you exhibit other signs of intoxication. That limit is just the point at which no other evidence is required.

If you have a BAC over 0.16%, you may be charged with an aggravated DWI. If convicted, you’ll face a bigger fine, longer driving ban, or greater maximum jail  sentence than you would have under a normal DWI.

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commercial driver’s blood alcohol concentration Read More...