Legal Question in DUI Law in Minnesota

Re: Dwi

I see this would be the third answer you received. What I make up in my head is that the officer comes along and asks you a few questions. So far you are not under arrest, so this is a conversation between two people on the street. He asks you if that is your car. You say yes. He asks you how it got in the ditch, and you tell him. Now he asks you if you have been drinking. You say yes to that one too.

You didn't have to talk with him at all, but you voluntarily did so - or such is the prosecutor's line when you go to trial.

Of the two answers you received, the second is the most realistic. You have a problem here that is not going away, and you need a lawyer.

Re: Dwi

Yes, he can arrest you. But, whether the arrest would result in a conviction is a different matter. You might have a good case. I strongly suggest you contact an attorney in your area. If you live in the Mankato area, please call my office to schedule a free appointment.

Herbert C. Kroon

Attorney at Law

Chesley, Kroon, Harvey & Carpenter

hkroon@katolaw

507/625/3000

Re: Dwi

The answer would depend on whether there is sufficient evidence for probable cause to exist that you recently drove the vehicle. The case would certainly be difficult to win at trial for the prosecutor if you did not provide additional evidence as to when you drove the vehcile and when you had your last drink. That does not, however, mean you will not be charged.

For a FREE consultation call 612.240.8005.

Re: Dwi

The short answer is: YES. Minnesota has a very broad "physical control" component to its DWI law, which is meant to cover situations where an individual, without too much difficulty, might be able to direct movement of a vehicle and become a danger to the public. This can apply to vehicles that are stuck in a ditch since a ditched vehicle could still become a danger to the public. The officer never needs to actually witness a person behind the wheel, although that factor certainly makes a stronger physical control case. You should strongly consider taking this case to trial and challenging the license revocation, but this is not a "slam dunk" win for you by any means.