Currently in use in a Minnesota pilot program, an interlock device requires that a person with a DWI conviction have this rolling breathalyzer system installed in his or her car. The person must blow into the device, which will not allow the ignition to start if any alcohol is detected on his or her breath.

Groups opposed to first time DWI offenders, such as the American Beverage Institute, a trade group for bars and restaurants, promote the view that a requirement for this device on any first offense unfairly equates a one-time mistake of being slightly over the limit, with a serious alcoholic with multiple offenses, or someone who was charged with drunk driving, perhaps at twice over the legal limit of .08%BAC. While clearly biased towards not eliminating potential customers, the ABI generally supports these laws for multiple offenders, or high BAC (“extreme” drunk driving) cases.

Weighing in with the opposite clearly biased view, testimony by Smart Start, one of the manufacturers of these ignition interlock systems, came down strongly in support of this law.

There is a nationwide effort by MADD and other groups to promote 1st offense drunk driving conviction interlock laws. These laws are currently active in Arizona, Illinois, and at least six other states, with many other states like Maryland seriously considering similar proposals.

Our view on this matter is that ignition interlocks on ALL first offense drunk driving cases goes too far. Given that the court system is set up to make it very difficult to fight DWI charges, many people simply plead guilty with cases that are questionable and winnable, just to get their driver’s licenses back quicker.

Those people will now face a more difficult choice of whether to fight the charges in court or plead guilty and have to deal with the hassle and expense of an interlock system.

Counter-intuitively, these harsher laws may actually be good news for DWI defense attorneys. A defendant who barely blows a .08% BAC, or who refuses a breath test, and whose job depends on driving multiple vehicles will be more inclined to fight his DWI charges in court. If a guilty plea will automatically cost him his job, it can make sense to roll the dice for a chance at an acquittal.

According to the Oakdale Lake Elmo Review, the proposed bill includes better protection of domestic violence and sexual assault victims by “strengthening the language” of protection orders and “clarifying stalking legislation.” In addition, it seeks to give judges more tools when determining pre trial release and bail for such defendants.

Domestic violence is a hot topic simply because it affects so many families and is still clouded by a stigma of shame. The report delivered this week indicated 28 people in our state died as a result of crimes like this in the past year; three of them involved cases where protection orders were already in place.

In most instances of domestic violence, a temporary restraining order is issued the moment there is a reasonable allegation of abuse. Once an order like this is put in place, contact with the alleged victim is a criminal offense in and of itself. In extreme cases where the suspect is violent, police have little opportunity to enforce the restraining order until it is too late.

If you have been accused of domestic violence you know the stigma attached to crimes like this first-hand. Whether you are completely innocent or did something you now regret, the law is designed to protect the alleged victim in cases like this and despite the good intentions of those laws, it may leave you feeling unfairly targeted.

The charges you face for a domestic violence case depend on the details of the case itself and if you have any prior domestic convictions. If you do, your potential sentence can be elevated to a much harsher level.

In addition, if you are found in violation of a protection order, you can face charges completely separate from the initial assault charge.

When facing charges of this magnitude, you need a defense attorney in your corner. When it feels like everyone else is against you, we can be the legal advocates you require. Contact our lawyers today for a consultation on your case.

On the evening of June 11, 2007 Daryl Fleck was found sleeping in his vehicle parked in his apartment parking lot. The engine was cold and the keys on the console. There was no indication that he had been driving. It was later found, after impoundment, that the car would not start.

When police woke Fleck he admitted to having drunk about 12 beers and his blood alcohol content was .18%. Fleck was arrested and charged with DUI. At trial a jury convicted Fleck, perhaps due in part to his numerous prior DUI convictions.

The state Supreme Court took the case to “expand the precedent to cover the case of mere presence in an undriven– and perhaps undrivable—car into the definition of drunk driving” according to this article from TheNewspaper.com.

The potential for a vehicle to become an extreme danger to both the person behind the wheel and to the public at large is seemingly too great to allow someone to even sleep off their intoxication in their car. Now, if you are found behind the wheel and you are intoxicated, you can be charged regardless of the condition of the vehicle or even your intent.

People don’t always plan to drink too much. A designated driver is a noble idea but not always the reality. Sometimes people underestimate their level of intoxication and think they “can make it home” okay.

Unfortunately, once you are intoxicated, your judgment is impaired and you are not likely fit to determine your ability to drive. Once behind the wheel, whether your car will start or not, the law says you become in immediate danger of not only hurting yourself or someone else, but also of getting arrested.

When facing DWI charges in Minnesota, you need a local defense attorney advocating for your rights. Whether this is your first offense or you’ve been in trouble before, the penalties you face in a DWI case are nothing to take lightly.

Contact our MN lawyers today for a free consultation on your Minnesota DWI case. We look forward to helping you during this stressful time.

Ignition interlock devices can be a win win for the offender and society as a whole. As an alternative to a license suspension, an interlock device is far preferable, because the person can actually drive, function, and keep a job that requires a car to commute or otherwise function.

And the primary goal of the criminal DWI penalty is to keep the person from re-offending. The ignition interlock program achieves that goal.

The only question in devising ignition interlock laws is to determine what the threshold for this penalty might be, and what is the duration. Many states now have an interlock requirement after a single DWI conviction, while some only with a second aggregating factor of a high BAC result on a breath test.

But whatever the underlying conditions, a sensible ignition interlock program appears to be in the works here in Minnesota.

As this article from Minnesota Public Radio details, probation officers are overworked and stretched thin when it comes to managing large caseloads. Without extra money floating around, the offices around our state are experiencing hiring freezes and even position elimination.

What this means for the public is that probationers may not be seen as much as in ideal economic situations and they may actually be released from supervision early.

Tom Merkel, Hennepin County Director of Community Corrections and Rehabilitation has met with some resistance as he feels he had no choice but to drop probationers from supervision. With money tight, it seemed to come down to eliminating more positions or dropping offenders. In this case 5000 Hennepin County probationers will no longer be supervised.

Merkel makes a good point when realizing that probation success often has to do with the probationer satisfying terms of probation rather than serving a specific amount of time. For instance, if you fulfill your community service, drug education, and employment conditions, waiting for your probation term to expire doesn’t necessarily add any value to your supervision.

While this view isn’t shared by all, it seems the move was necessary for the time and may even be followed by similar actions around the state.

The decision to sentence someone to probation depends on a number of factors. A judge will look at the crime committed and the person’s criminal history, as well as the likelihood that they will reoffend if left within the community.

When facing serious charges like assault or domestic violence, probation is often the best a person can hope for.

If you are facing criminal charges, whether they are for theft or drug distribution, we can help. Let’s take a look at your case and see if you might be eligible for probation rather than active jail time.

Our Minnesota lawyers are ready to hear about your case and what you would like to see on your day in court. Call  now.

According to WCCO a witness called 911 after seeing the woman and her son in Cub foods. The witness approached the suspect in the frozen foods aisle but the suspect would not speak with her. Instead, the woman is said to have stumbled while the child said “Mommy, I want to go home.”

A short time later the suspect, whose name is not being released, was pulled over on Highway 110, just a short distance from the grocery store. She was transported to a detox center and it isn’t clear what was done with the child.

Perhaps the most disturbing about this story is that the woman was 5 times over the legal limit. One police officer mentioned in the news story stated he had only seen one other person with a BAC this high in his entire career.

Currently, the charges against the mother are simply DUI. However, her extreme BAC could mean gross misdemeanor DUI and the fact that her child was involved could lead to additional charges.

Gross misdemeanor charges apply when you are charged with DUI and there are aggravating circumstances present. Examples of an aggravating circumstance include prior convictions, the presence of a child, or a BAC over .20.

Regardless of the charge against her, it isn’t likely that this woman will see much leniency simply because the presence of a child is hard to ignore even in the eyes of the law.

Facing DUI charges can be a scary experience, whether this is your first offense or one of many. Having an experienced DUI attorney with you, however, can help take some of that stress away.

If you are up against charges like these, we can help. Contact our defense lawyers today for some free legal advice.

According to this report from the Pioneer Press, police responded to an alarm at the Grand Hand Gallery. Witnesses saw 48 year old Schlesky fleeing into an apartment building, what later proved to be his apartment building.

In his apartment, police found clothing, still on hangars with Grand Hand Gallery tags still attached. Upon further inspection, with the help of a search warrant, the investigating officers found evidence of other thefts as well. He was arrested .

The Pioneer Press article goes on to list a range of criminal convictions in Schlesky’s past including several for burglaries and thefts.

Most recently, the article states, he pled guilty to felony criminal damage and will face sentencing for that charge in January. Depending on the specifics of this case he may be facing several years in prison for the criminal damage.

Theft charges are largely based on the value of the goods alleged to be stolen. For this reason, it isn’t completely clear how serious the newest charges against Schlesky will be. Depending on the value of the goods, the charge could carry a potential sentence of up to 20 years in prison.

Theft charges can be very serious. Facing large fines and prison time is enough to make anyone nervous. A felony conviction stays on your record forever and can impact your future in a variety of ways.

If you are facing theft, shoplifting, or even criminal damage charges, I can help. Contact me to discuss the details of your case.

The dry weight of the meth without the paraphernalia was likely only enough for a 5th degree drug possession charge, with much smaller penalties. When meth is smoked in a bong, some of the active substance will mix with the water. The St Paul crime lab analyzed the water and it testing positive for methamphetamine.

The extreme penalty is a byproduct of the crude way that drug offenses are characterized by substance and quantity. The dissenting justices argued that the legislature did not intent for the “compound” to be water diluted with a controlled substance.

The Rice County Attorney agreed with the courts decision  in the case, and said it is not the courts decision to determine what controlled substances qualify as a crime.

If so, this crazy decision requires the legislature to make another pass and what it seriously intents the penalty to be for a minor drug possession charge.

—

Via balloon juice via talkleft via citypages.

Thirty one year old Freddy Rivera faces multiple felony charges of assault for incidences that occurred on more than once occasion in the past few months. According to the Star Tribune, this man has a “proclivity for knives”.

The first charge is a second degree assault charge for an even that took place last month. Rivera allegedly assaulted and stabbed his ex girlfriend and the mother of his children.

The victim in the case had taken the children to see their aunt, Rivera’s sister, when she ran into Rivera at the house. She approached him about needing money for the children at which time she claims he punched her, slapped her, and stabbed her three times.

The second incident involves a case of competitive parents at a children’s sports event. Rivera and another parent got into an altercation at a football game. This particular knife fight landed Rivera with a first degree assault charge.

The final charges against Rivera were for a fight that took place in the parking lot outside of the Mazatlan Bar. In this altercation Rivera again stabbed a man, this time for suspecting the man of having a relationship with his ex-girlfriend.

All in all, Rivera faces a total of 2 second degree assault charges, one first degree assault charge, and a charge of second degree rioting. All of these are felony charges and have the potential to put the defendant behind bars for quite sometime.

No one for sure can say what Rivera’s motivation was in all of these incidences but the judge will more than likely recommend some kind of anger management treatment either while he is incarcerated or upon his release.

Assaults happen quite often but they don’t typically happen to the same person this many times. Domestic assaults, like the one Rivera allegedly committed against his ex girlfriend are no doubt the most common assaults, though not always seen by the courts.

Whether you are accused of a domestic assault, a bar fight, or a simple altercation that got out of hand, you are probably now realizing how it feels to be viewed as a violent criminal. However, if you haven’t been convicted, you are guaranteed to some protection under the law and it is your attorney’s job to ensure those protections are in place.

If you are facing charges like this and need the assistance of an experienced defense attorney, contact me today to discuss the details of your case.

According to this article from the Star Tribune, MacKay is known for his helpful spirit, mowing lawns, shoveling snow, and greeting neighbors in his North End community with a smile and a wave. Now, however, he has the neighborhood on alert, looking for the wheels that got him around 4 out of 5 days a week.

MacKay lives with his sister who says he spent the majority of his days on the tricycle. He would use it to get to his adult day program and simply for recreation. He had a bell and a flag. The flag was found down the block after the theft but the bike never was.

A neighbor is calling the theft odd because there were other, more mainstream, bikes available in the neighborhood, left leaned against trees or in open garages. Why someone would want to take MacKay’s bike is unknown.

Although the bike is considered a minor theft under the law, it is major in the world of this man. Someone has already offered to replace the bike if it isn’t found.

Depending on the value of the tricycle, the offense is likely a misdemeanor punishable by up to 90 days in jail. For theft crimes, the charge and potential sentence all depend on the value of the stolen good. This could have been a crime of opportunity or some kind of mean prank.

People make mistakes. Whether yours is as minor as a misdemeanor theft or a felony assault charge, it often isn’t until after the fact that you begin to see the err of your ways.

If you are facing criminal charges and aren’t sure what to expect on your day in court, you are not alone. Call me today to discuss your charges and how I may be able to help.