Legal Question in DUI Law in Minnesota

Re: Court Date

The criminal court date may yet be scheduled. If it never is, you win.

But the "civil," drivers license revocation case must be appealed within days, or it will forever be too late! Get a good DWI defense lawyer's help right away. Call me if you wish help with it.

FFI: http://www.liberty-lawyer.com/dwiduidrivingrelated.html

Re: Court Date

Thank you for the post.

Lately, in Hnnepin county and surrounding counties, it has taken some time before court dates are scheduled. It can take a couple months, in fact. However, your timline for challenging your license revocation remains short.

If you had a Blood Alcohol Content over .10, and it is a first offense within the last ten years, you were charged with a fourth degree offense. This is very serious and carries with it maximum criminal penalties of 90 days in jail and a $1000 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 third degree offense, you may be revoked for up to six months. 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.

For a Consultation call us at 612.240.8005.

Call Dave Kelly at 952-544-6356

Lots of counties are slow in scheduling hearings. For example, Ramsey County is notorious for being slow. Meanwhile, you could have your driver's license pulled and you should get to a lawyer right away to talk about that. There is usually a very short thirty day period of time allowed to challenge it, and it starts on the day of the arrest.

This is for general information purposes only and does not create an attorney client relationship.

Re: Court Date

It could be a problem that your case got lost on a prosecuting attorney's desk..

Here's what I need to know:

1. Did you take a blood or urine test? If you took either one of those,

the time frame takes longer because it takes @ 6 weeks to get the sample tested and disseminated.

2. Has your driver's license been revoked? If you took a blood or urine

test and your DL has not been revoked, it is actually possible that you might have passed the test.

3. If you know that you flunked the test and your driver's license has

been revoked, the only answer I have is that the prosecutor is behind in his /her work and hasn't finished drafting a the criminal complaint. This happened to one of my clients several years ago. The lucky guy never got charged even though he flunked the chemical test. Such occurrences are quite rare, however.

I hope this is helpful. Please feel free to email with more detailed information and I can give you a better idea of what is going on.

Herbert C. Kroon

Attorney at Law

Chesley, Kroon, Harvey & Carpenter

[email protected]

507--625--3000