Yes, you can be charged with a DWI for being "in physical control" of the car. This means that you are seated behind the steering wheel and have the ability to put the car in motion. The physical control DWI law is designed to prevent a drunk driver, who has stopped his car and pulled [...]
A police officer only needs suspicion of criminal activity to justify a traffic stop. This standard is less than probable cause and an observation of an actual traffic violation is not necessary. If you were swerving in the lanes, an officer may be able to justify the stop. It all depends on the circumstances of [...]
Yes, a sober driver can be be charged with an open bottle misdemeanor offense for allowing passengers to drink alcohol in the car. The officer is required by law to release you on citation instead of arresting you unless you have a history of outstanding bench warrants for failure to make your court appearances.If you [...]
Yes, it is a felony offense to flee a police officer in a motor vehicle when a person refuses to stop after being given a signal by the police officer to stop. An actual police chase is not required under the law to support a criminal prosecution. You will need to hire an experienced criminal [...]
Your daughter has a right under Minnesota law to use a reasonable amount of force to come to the defense of another person who is being assaulted. The legal issue in the case will be whether or not your daughter's use of a club agaisnt the attacker was a reasonable use of force. The prosecution [...]
Yes it is possible to obtain an out of state driver's license after a Minnesota DWI conviction. The problem is that you will need to first reinstate your driving privileges here in Minnesota. The reinstatement process includes waiting for the expiration of the license revocation period, taking a written DWI knowledge test, and paying a [...]
Yes, you can still be charged with a DWI after the fact. Even though you passed the preliminary breath test and you did not receive a ticket on the scene, the officer can still charge you with a straight DWI offense for up to three years after the date of offense. A straight DWI charge [...]
You may be able to enter a diversion program in order to keep the theft offense off your record and allow you to keep receiving unemployment benefits. These programs are available in many counties for first time offenders where the dollar amount of the theft is not excessive. Misdemeanor and felony level offenders are often [...]
Yes, it is possible to expunge a misdemeanor domestic violence conviction from your record. The Court will need to make a finding that the benefit of granting you expungement relief outweighs the detriment to society in not knowing about your conviction. The relief granted by the Court in a successful expungement proceeding where there is [...]
The judge may have issued a "body only" warrant due to the missed court appearance. With this type of warrant, you can not post bail or reset the court date. You would need to turn yourself in at the local jail and see the judge the next morning to set bail. My advice would be [...]
