Legal Question in Criminal Law in Minnesota

The officer must have had reasonable suspicion of criminal activity to conduct the investigatory stop. If it really was just baseless suspicion on the officer's part, then it may have been an unconstitutional stop. You'll need an experienced attorney to review the reports and evidence and then decide on the best path forward. If your attorney can convince the court of a constitutional violation, i.e. a bad traffic stop, then the evidence should be suppressed and the case dismissed. I'd be happy to offer a free initial consultation if you want to give me a call or shoot me an email.

Sam

(651) 994-6744

[email protected]

www.siebenedmunds.com

An officer must have a reasonable articulable suspicion of particularized criminal activity to make a stop. If that is lacking,the case could be dismissed. Whether that is likely would require a review of the evidence including police reports, squad car cameras and more.

A first offense DWI i still a serious offense. At a minimum, it is a fourth degree offense. A fourth degree offense is a misdemeanor which carries with it maximum possible penalties of 90 days in jail and a $1 ,000 fine. As a result, it is important to present an aggressive defense. It is also important to know and understand the Judge's and their proclivities in your county.

A DWI is not only a criminal case, it has a civil element as well. There is a license revocation related to a DWI that is a case entirely separate from the criminal matter. Nothing in the criminal matter will change the license revocation which occurs automatically unless you seek a judicial review of that revocation. This MUST occur within 30 days after you were ticketed. Any failure to seek a judicial review results in the license revocation and a record that indicates a new alcohol related offense that can be used to make any subsequent DWI a greater crime. In that judicial review, the challenges are the same as those made in the criminal case. The revocation periods and procedures for reinstatement have become much more difficult in the last decade. A first offense within 10 years and a blood alcohol concentration below .16 has a revocation period of 30 to 90 days .

There are many challenges to a DWI. The defenses depend on the particular set of facts in each case. That means a detailed review of all evidence, including police reports, police videos, audio recordings and testing records related to blood alcohol levels is imperative. Often, hidden defenses are found through a thorough review of all evidence. Currently, there are strong challenges to many DWI offenses related to the U.S. Supreme Court case of Missouri v. McNeely.

I have over 23 years of experience handling DWI and DUI cases throughout Minnesota.

If you have any questions, call me at 612.240.8005.