Legal Question in DUI Law in Minnesota

dwi

i am 22 years old i have no prior convictions i have a very clean record i have to have a cdl licence for my job which i do and i was pulled over for riding a fourwhleer on the wrong side of the road and was given a breathalizer and blew a 0.13 i will do any thing to get this droped what is your opinon please email me


Asked on 2/03/08, 4:54 pm

2 Answers from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: dwi

As a first time offender on an ATV you get a break. Take a look at my page on this subject at http://www.mn-dwi.com/snowmobile-boat-atv-dwi.html.

Even though you are getting a bit of a break concerning your license, you should still not face this without a lawyer. Please email me your contact info. I can be reached at [email protected]

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Answered on 2/04/08, 9:35 am
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: dwi

There is no possible way to advise you on the defenses without reviewing police reports and the particular facts of the case.

There are many challenges to a DWI offense.

� 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 from true Blood Alcohol Concentration. A sufficient variation may result in a reduce charge or no charge.

You should have counsel for such a matter or you risk losing many rights.

For a consultation call 612.240.8005

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Answered on 2/03/08, 11:31 pm


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