Traveling to Canada After a DWI
Among the several collateral consequences that come from a DWI, one of the more surprising ones – and one that often doesn’t become an issue until it’s too late – is that a DWI conviction can bar entry into Canada. Whenever you travel to Canada (even if your flight is just connecting in Canada), Canadian
Temporary Reinstatement of Driving Privileges Following a DWI
One of the most impactful collateral consequences following a DWI happens almost immediately – your driver’s license is revoked seven days later for a lengthy period of time. This happens administratively, meaning it’s automatic and without judicial review before occurring. The only way a judge will review the revocation is if you file a Petition
Responsibility for Storage Fees When Your Vehicle is Forfeited
At a recent conciliation court hearing on behalf of a client asserting that she was an innocent owner of a forfeited vehicle, the State vehemently objected to my request that the State bear responsibility for the storage fees of the vehicle. This is not surprising, which is why I was ready for this argument. But,
Requesting an Additional Test When Arrested for DWI
When you are arrested for a DWI, you will be asked by the Officer to submit to a breath test, or either provide a urine sample or have blood drawn in order to determine your blood alcohol concentration (“BAC”) level. What the Officer likely will not explain to you – because they don’t have to
Prescription Drugs DWI in Minnesota – The Unjust Result
UPDATE – This post is no longer an accurate summary of the law. Minnesota law changed in July 2017 to fix this unjust result. Please read this for historical context purposes only. Contact our office with any questions about this complicated, yet critical DWI defense. You may not realize that you are violating Minnesota’s DWI
DWI – The Testing Procedure Must Be Done Properly
Much of the focus on a DWI defense pertains to the basis for the stop and whether probable cause existed to arrest the defendant. Once that occurs, the officer takes the defendant back to the station and administers an official test – usually a breath test – to determine the defendant’s alcohol concentration level. This
Impact on Insurance from Traffic Tickets
Everyone understands that there is some impact on your insurance premiums if you are convicted of or pay a fine for a traffic ticket. But, not many understand the actual impact and how bad it really is. I recently sat down with an insurance agent – Mac Gordon of Ray Smith Insurance Agency, Inc. –
Limited License in Minnesota
A limited license – also known as a work permit – allows a driver whose driving privileges have been revoked due to a DUI conviction or implied consent violation to drive pursuant to certain limitations. A limited license is only available to a small subset of DUI defendants – those that do not have any
DWI Aggravating Factor – Children in Car at time of DWI
A DWI can be enhanced to a gross misdemeanor or felony based upon the presence of any combination of aggravating factors. Minn. Stat. 169A.03, subd. 3 defines aggravating factors to include: (1) having a qualified prior within the past 10 years; (2) having an alcohol concentration in excess of 0.16 (come Aug. 1); or (3) having
Do’s and Dont’s When Pulled Over for a DUI
After prosecuting and defending DUI cases for the past several years, I can tell you that the cases end up blending together because inevitably the suspect does unnecessary acts that will be used against them. So now that I am only a defense attorney, let’s see if we can put an end to this and