Posted by Tom Hagen | DWI, DWI FAQ
While DWI stands for “Driving While Intoxicated or Impaired”, an individual does not have to be actually driving to get charged with the offense in Minnesota. In fact, attempting to drive, sitting or sleeping in a vehicle with the engine running, or sitting in the driver’s seat with the car turned off while intoxicated can...
Posted by Jason Kohlmeyer | Drug Crime, DWI
In Minnesota, it’s illegal for an individual to drive a motor vehicle while under the influence of a (prescription drug) Schedule I or Schedule II controlled substance. A MN DWI lawyer is often necessary to defend innocent Minnesota drivers who are taking valid prescriptions while under a doctor’s care. What are Schedule I and Schedule...
Posted by Jason Kohlmeyer | Criminal Defense, Drug Crime, DWI FAQ
A recent Supreme Court ruling means that evidence obtained after an illegal stop may now be admitted into court under certain circumstances. As long as the search is conducted after an arrest warrant is discovered, any evidence that is uncovered can be used against a defendant. This decision allows police to stop individuals on the...
Posted by Jason Kohlmeyer | Criminal Defense, DWI
Dram shop laws in Minnesota help protect the public from individuals who consume excessive alcohol at bars and other social functions. The law allows people to seek claims for the medical bills, lost wages, property damage, loss of companionship, and pain and suffering an alcohol-related accident can cause. Businesses that violate dram shop laws can...
Posted by Jason Kohlmeyer | DWI
According to the National Institutes of Health (NIH), risky behaviors by individuals are the main cause of vehicle crashes throughout the world. In an effort to identify the factors surrounding the dangerous behaviors of drivers, the Minnesota Department of Public Safety’s Office of Transportation (OTS) retained market research and strategic consulting company Corona Insights to...
Posted by Jason Kohlmeyer | DWI, DWI FAQ
Minnesota prohibits the operation of a motor vehicle while under the influence of alcohol, a controlled substance, or a hazardous substance. Minnesota further prohibits the operation of a vehicle while a driver has an alcohol concentration (or blood-alcohol level) of 0.08 percent or more (or 0.04 percent if operating a commercial vehicle). Finally, drivers may...
Posted by Tom Hagen | Criminal Defense, DWI, Prepare For Trial
Prosecutors and judges in Minnesota have the right to enforce very harsh DWI penalties for first time offenses as a way to deter future violations. The severity of the penalties can appear overwhelming to offenders, especially when jail time and fines are involved. Fortunately, offenders who are willing to show remorse may receive leniency in...
Posted by Jason Kohlmeyer | Assault, Criminal Defense, DWI, Sex Crimes
Young men can be branded as sex offenders based on a single accusation or the doubtful recounting of inebriated witnesses. There are several variables involved in drunk sexual assault. This is true whether you are on the job, a college student, or in the military. An accuser may be absolved of all blame if they...
Posted by Jason Kohlmeyer | Criminal Defense, DWI
Chipping Away at Minnesota’s Test Refusal Statute, One Test At a Time. Over the Christmas holiday the Minnesota Court of Appeals was hard at work overturning another part of Minnesota’s DWI laws. Earlier this year the Court of Appeals found that Minnesota’s test refusal statute was unconstitutional because individuals cannot be charged with a crime...
Posted by Jason Kohlmeyer | DWI
This time of year brings family, friends, and festivities throughout all of December. As everyone gets into the spirit of the season, parties are thrown in it’s honor much more often than any other month. Folks travel from all around the country to be with loved ones, catch up on the new, and reminisce on...
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