Legal Question in DUI Law in Minnesota

Re: When accepting an Alfred Plea, does this show up on the criminal record?

An Alfred plea will have the same effect as any other plea - the crime goes on your record. It is a face saving device, but does not necessarily have any effect past that.

Some judges may be influenced in what they will sentence when they know it is an Alfred, but that is up to the particular judge.

You should not do this without a lawyer; and you should make sure your lawyer has spoken with the judge before the plea is entered so that you are not surprised by what the judge does after that.

Good luck.

Re: When accepting an Alfred Plea, does this show up on the criminal record?

An Alford Plea is a plea of guilty and has all the same effect as any other guilty plea. The only difference is you are admitting that the evidence is sufficient to find you guilty rather than admitting to the facts.

If you wish to maintain that you are not guilty, an Alford plea will not give you the right to do that.

Re: When accepting an Alfred Plea, does this show up on the criminal record?

An Alfred plea will have the same efect as a guilty plea and will be considered a refusal and an offense that would enhance any future DWI offenses.

Based on the information that you provide, it would seem that you may have a very good defense. Your refusal may be considered reasonable in light of your disability.

There is a great deal at stake. A refusale is thrid degree offense idf you have had no priors withing ten years. It is a gross misdemeanor, and carries with it maximum criminal penalties of a year in jail and a $3000 fine. Different Judges give different sentences. As a result, understanding your Judge and knowing how to change Judge's can be an important part of the process.

There is also a civil case that results in the revocation of your driver's license. On a refusal, you may be revoked for up to one year. This is a separate case even though the challenges are largely the same. In order to challenge you license revocation, you must seek a judicial review by filing a petition within 30 days of the offense.

There are also additional consequences to a conviction including skyrocketing insurance rates, plate impoundments and sometimes vehicle forfeitures.

There are many challenges to a DWI. Officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed.

� Reasonable Suspicion. The officer must have reasonable suspicion to believe a specific crime has been committed in order to stop a person. If that reasonable suspicion is lacking the stop and the ticket may be invalid;

� Probable Cause to arrest and charge. the officer must make sufficient observations to form a basis for probable cause to believe that you were operating a vehicle while intoxicated. Oftentimes, officers perform field sobriety tests incorrectly making the arrest invalid;

� Procedures at the Station. The officer must follow very specific procedures at the station including reading and recording an Implied Consent Advisory that informs you that you have a right to a lawyer. If any of the steps are omitted, the charges may be dismissed;

� Test Procedures. Testing methods to determine blood alcohol concentrations are imperfect at best. Like any scientific method, any test result has a margin of error. If the machinery is not properly maintained and even if it is properly maintained, the test results may vary fro true Blood Alcohol Concentration. A sufficient variation may result in a reduce charge or no charge.

For a Consultation call us at 952.746.2153.

Maury D. Beaulier

Attorney at Law

HELLMUTH & JOHNSON, PLLC

10400 Viking Drive Suite 500

Eden Prairie, MN 55344

Phone: (952) 746-2153 Fax: (952) 941-2337

E-Mail: [email protected]

Visit http://www.MinnesotaLawyers.com

Re: After making an Alford Plea (of guilty), does this show up on the criminal r

An "Alford plea" is a type of guilty plea (named after a case where an appellate court approved the use of such a plea). In Minnesota, there is no plea such as a "no contest" plea -- which some other states have. The "Alford plea" is a guilty plea based upon a "factual basis" of the defendant's admission that the defendant believes that a jury could or would likely find the defendant guilty, given the available evidence, after a trial. A normal guilty plea requires a factual basis where the defendant admits facts which constitute a violation of the criminal law charged.

If a defendant makes an "Alford plea" of guilty to a charged crime, and the court accepts it, the defendant is "convicted" of that crime. There is no legal difference between an "Alford" guilty plea, and a normal guilty plea, that comes to mind. For most, if not all, purposes, there will be no difference.

The most common use of Alford guilty pleas, may be in cases where the defendant has no memory of the events in question, for example due to being "blacked out" from alcohol intoxication.

From the limited information you provided, it appears you may be charged with the crime of DWI - refusal of a chemical test. You write that you were not driving, then give reasons you believe you did not refuse a chemical test. Those "facts" if believed by the fact-finder (jury) would be defenses to that criminal charge. Generally, it is a defense to a DWI charge that you were not "driving, operating, or in physical control of a motor vehicle" (since the prosecutor must prove that you were). Also, if you were physically unable to provide a breath sample, that would support the defense that you did not refuse, especially if you volunteered for a blood or urine test. Also, it is an affirmative defense to a criminal "refusal" charge, if you can show that any "refusal" was "reasonable" under the circumstances.

Be advised that, apart from the criminal case, it is up to you to appeal the administrative revocation of your drivers license within 30 days -- to request a hearing on it before a judge. If you fail to request such a hearing, by serving and filing a "petition for judicial review" (with a lawyer's help, generally), within 30 days, you will not be able to have a heainrg on it. Only by winning that "implied consent" hearing will you be able to get it off your drivers license record. (If you have prior alcohol-related incidents and a "B-card license" even this might not clean this event off your record.)

You should consult with and retain a lawyer experienced in defending these kinds of cases, right away.