Posted by Jason Kohlmeyer | Criminal Defense, DWI, DWI Tests
As citizens of the United States, two of our most important constitutional rights are the Fifth Amendment right against self-incrimination and the Fourth Amendment right against unlawful searches and seizures. The Fifth Amendment protects individuals from being made to confess or admit guilt to a crime that an individual allegedly committed. The Fourth Amendment protects individuals …
Posted by Jason Kohlmeyer | DWI
Little Alan’s Law is just one of several new statutes taking effect this August impacting the use of recreational vehicles of DWI offenders. The new law was passed just months after 8-year-old Alan Geisenkoetter Jr. was killed by an intoxicated snowmobiler back in January, 2018. It is: (f) A person who violates paragraph (a) or …
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Posted by Jason Kohlmeyer | DWI
BWI in Minnesota: What You Should Know In Minnesota, it is a crime for an individual to operate or be in physical control of a motorboat while under the influence of drugs or alcohol. Similar to being charged with a DWI, an individual charged with the offense of boating while intoxicated (BWI) will face the …
Posted by Tom Hagen | DWI
Minnesota treats DWI charges seriously, but the level of severity of such a charge is significantly increased for those who have already been convicted of the same charge. The previous conviction is considered an aggravating factor, although the court will not review a defendant’s complete driving history to determine whether the charge is a repeat …
Continue reading "DWI Is An Enhanceable Offense in Minnesota"
Posted by Tom Hagen | DWI
In order to stop vehicles in Minnesota, police officers must have a minimum of reasonable suspicion of criminal activity on the part of the occupants. While reasonable suspicion is less than the probable cause that is necessary for an arrest, it involves more than an inarticulable hunch. Instead, it must be a reasonable suspicion that …
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Posted by Tom Hagen | Drug Crime, DWI
Police was given a new weapon to combat drugged driving, a mouth-swab that can test if a driver recently used drugs. Drugged driving, like intoxicated driving, is illegal. However, police have struggled to define a consistent method to test drivers and assess (1) if they are under the influence of drugs and (2) if they …
Posted by Tom Hagen | Criminal Defense, DWI
One of the most common questions we get is when can I get my driving privileges back after a DWI? Individuals who are convicted of DWI crimes in Minnesota may qualify to enter the state’s Interlock Ignition Device Program. The program allows offenders to continue driving provided they adhere to program requirements and complete other …
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Posted by Tom Hagen | Drug Crime, DWI
A report released by the Foundation for Advancing Alcohol Responsibility and the Governor’s Highway Safety Association found that the number of American fatalities in car crashes in which drugs were present or detected in car eclipsed the number of fatalities in which only alcohol was present. These findings indicate that as marijuana (and potentially other …
Continue reading "“High” Driving Sees Increase Over Past Few Years"
Posted by Tom Hagen | Drug Crime, DWI, DWI FAQ
Expunging Records When DWI MN records are expunged, they are sealed by the court. A DWI Minnesota is considered a crime that creates a criminal record in the court system. A criminal record is hard to escape, since it’s disclosed on all types of important documents that are used by employers, lenders and banks, home …
Posted by Tom Hagen | DWI
In Minnesota, certain individuals can be held liable for illegally transporting an open container of alcohol inside motor vehicles that are on public streets or highways. People who are found to be in violation of the state’s open container law could face criminal charges. By familiarizing themselves with open container laws in the state, drivers, …
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