Move Over for Police Officers: It’s a Minnesota Law

As I have been driving on Minnesota freeways this winter, I have seen many motorists violating a Minnesota Law designed to keep Minnesota’s Highway Patrol Officers and other police officers, emergency medical personnel and tow truck drivers safe as they assist motorists, respond to vehicle collisions and emergencies, and issue traffic citations breaking Minnesota Traffic law.

When drivers see police officers executing a traffic stop on the shoulder of Minnesota freeways and roads, or responding to other roadway emergencies, it is the law that the drivers are to move over full one lane to leave an empty lane between the emergency vehicles and moving traffic. Police officers may pull drivers over that violate this law.

Minnesota Statute Section 169.18, subd. 11, states in part, “the driver of a vehicle shall safely move the vehicle so as to leave a full lane vacant between the driver and any lane in which the emergency vehicle is completely or partially parked or otherwise stopped…”

This law was passed in reaction to the unfortunate death of Minnesota State Trooper Ted Foss. Trooper Foss was hit and killed by a semi-truck on August 31, 2000, during a routine traffic stop. Also known as the Ted Foss Law, it is designed to give emergency vehicles room to safely work on the portion of roadway they are occupying by requiring passing motorists to leave a lane vacant between them and those parked emergency vehicles. The law also requires that drivers reduce their speed as they pass the location of the emergency vehicle(s) and road repair equipment. Emergency vehicle is defined by Minnesota statute as the following: towing vehicles, police vehicles, ambulances, and fire trucks.

Although a stop by a police officer is fully legal, what the state has to prove in an alleged violation of this offense is that it was possible to move over.

To see the full statute, click here. Meanwhile, respect Minnesota’s police force that responds to traffic emergencies and enforces our traffic laws. If you have any questions about a traffic stop, please call a Minnesota criminal defense attorney for a free consultation.

Attorney John Scott, Office: 651-203-5990, Cellular: 612-963-4629, john@bennerotte.com

Cost of Hiring a Minnesota Criminal Defense Attorney

Often times I get calls from clients that have been charged with a Minnesota DWI or other criminal offense, and the first question they ask is, “What do you charge?” That is not the first question that should be asked of an attorney. When you need a criminal defense attorney to be aggressive and fight your defense, what you need to know is what your attorney will do for you.

When you hire an attorney that will charge a flat fee based on the amount of work necessary to defend you in a Minnesota court, the cheapest attorney is usually not the best. It would be a serious mistake to hire an attorney based on the amount of the fee alone.

The State of Minnesota and the county prosecutors have almost unlimited resources when it comes to prosecuting and proving the charges against you. You need to hire an attorney and pay a fee which will allow him to put time and effort into your case and aggressively defend you. If you hire your attorney based on the lowest fee, that criminal defense attorney may be planning to have you accept a plea, rather than defending you on the charges. He also may not have the right experience with Minnesota Criminal Laws.

As an example, I recently spoke with a client who was charged with DWI and possession of ecstasy pills in Carver County, Minnesota. He had been referred to me from another client I previously represented. The City of Chaska police had made a traffic stop, made an arrest, then searched the car. As I spoke with the client, I knew there were several issues that would require a contested evidentiary hearing, and that we would successfully be able to keep some of the evidence out of trial. I quoted a reasonable flat fee based on the amount of time that I knew I would have to invest in defending this client, and

I later learned that he had hired an attorney that quoted a lower fee, and that attorney had the client plea to a charge that was very defendable.

When you hire a Minnesota criminal defense attorney, don’t always hire the one with the lowest fee. You want personal attention, and aggressive representation from an experienced attorney. That attorney should also charge you a reasonable fee based on your specific case, not necessarily the same fee for the same criminal charge. Have the attorney you talk to explain possible issues, and the basis for his fee.

I am willing to provide you an initial consultation for free, and I will be able to assess your case and tell you how much a reasonable fee would cost. Call me if you have questions concerning the criminal charges against you.

-John Scott
651-203-5990

Sherburne County DWI: Post Driving Consumption

One of the common questions I hear when I tell colleagues that I represent clients that have been charged with a DWI is, “What can you do for people charged with a DWI?” Here is a case example.

A recent client was charged with DWI Sherburne County, Minnesota. He had been watching a football game with friends in St. Cloud, Minnesota. He had driven home, and on the way stopped to urinate on the side of the road just outside of Elk River. Someone saw him, took his license plate, and called the police. The call came to the police about 6:30 p.m.

The police arrived at his home about an hour and a half later. The client told the police officer that he had three beers upon arriving home. There was evidence in the sink – the empty beer cans. His wife confirmed that he was drinking after arriving home.

The Elk River, Minnesota, police arrested him for driving under the influence of alcohol, and took him to the police station, and had him provide a urine sample at 8:25 p.m., to test blood alcohol level. At that time, his blood alcohol level was .10.

There are several defenses available to this client, specifically, at least four valid defenses. First, the Elk River prosecutor has to prove that the client’s blood alcohol level was .08 or over at the time of the driving conduct. Secondly, there is a technicality with the issue whether or not he was driving the vehicle at 6:30 when he was urinating. The person who called the police did not report that the client was driving, or that he saw the client get into the vehicle or behind the wheel of the vehicle. Third, the fact that he was consuming beer at home from the time he arrived is a defense that Minnesota DWI defense attorneys call “post driving consumption”. Finally, the validity of the urine test is always challengeable.

A client in this situation can expect a favorable outcome. I provide aggressive criminal defense services to clients throughout Minnesota, and ask that you call 612-963-4629 for a free consultation if you need legal services. You also invite you to visit my website.

-Attorney John Scott

Obstructions On Rear View Mirror – Probable Cause?

Minnesota Police Officers – Probable Cause With Fuzzy Dice?

Here is a tip on how to NOT get pulled over by a police officer. You have all seen cars with fuzzy dice, graduation tassels, air fresheners, garters and disco balls with hanging from the rearview mirror?  They are breaking the law – there is a Minnesota statute that says so.

Police officers can use objects hanging from a rear view mirror as probable cause to pull you over and check you out! To avoid these unwelcome intrusions, don’t hang anything from your rearview mirror.

If you have questions about a traffic stop or need legal help to challenge a citation, give me a call today.  I’m attorney John Scott, and I’m on your side.

Tel: 651-203-5990

Selling Simulated Substances Is a Felony Crime in Minnesota

 

Felony Criminal Charges For Selling Simulated Controlled Substanses

 Selling simulated controlled substances in Minnesota is a felony offense.  A recent client of ours was charged with this drug crime.  Often the people charged with this crime are unaware of the seriousness of selling something that is not a drug, representing that it is a drug.

 

 

Aspirin - Legal until sold as a Controlled Substance

Illegal Ecstasy Pills

For example, in my recent case, my client was charged in Redwood County.  An undercover officer from the Drug Task Force contacted my client, seeking to buy Ecstasy. My client declined to do so initially, but the undercover officer continued to pressure my client.  So my client caved in, and agreed to sell him Aspirin that looked like Ecstasy pills. The undercover agent knew that the pills were fake Ecstasy, but agreed to buy them anyway.

   Under Minnesota Statute Section 152.092 selling a substance representing it as an illegal drug, even though it is not, is a serious felony offense.

 Fortunately for my client, there are good defenses available suitable for the specific facts of his case.

 If you have been charged with a Minnesota drug related crime, please call criminal defense attorney john Scott at 651-203-5990, or visit  my website.  Come back and visit my blog for more criminal defense information.

 

Legal Consequences for the College Student Auctioning off Her Virginity

The case of the college woman who is auctioning off her virginity in order to pay for college has captured recent headlines. Yes, college is expensive.  And according to the news these days, Natalie Dylan, 22, is auctioning off her virginity to the highest bidder to pay for her college education.  And she’s had quite a few bidders, according to her.

 

From the perspective of a Minnesota criminal defense attorney, there are a few legal issues with this. If this were a Minnesota college student, the most obvious law she would be breaking is the crime of solicitation, which is a felony. Even if the sexual act itself occurs at the Bunny Ranch in Nevada, if she resided within for example, Hennepin County in the State of Minnesota when she posted the ad on the internet is enough to bring charges of solicitation.

 

If she would be convicted of a felony or felonies, and her ultimate goal is working as a Marital & Family therapist, there are guidelines to licensing with the State of Minnesota that could bar the convicted felon from practicing in that field.

If you have any questions regarding the law, give John Scott a call 651-203-5990.

An Alford Plea-Not Necessarily the Best Defense –Criminal Defense Attorney in Minnesota

You Have Been Told To Take An Alford Plea, Should You?

You find yourself in a predicament where you are faced with charges.  Maybe you are guilty of one charge, but not the other.  You are offered a plea for both.  Maybe it is a good deal for the one, but not really for the other.  Should you take an Alford plea for the one charge you didn’t do?

What is an Alford Plea exactly?  An Alford Plea is a plea in criminal court in which the defendant does not admit the act and asserts innocence, but admits that sufficient evidence exists with which the prosecution could likely convince a judge or jury to find the defendant guilty.  Upon receiving an Alford plea from a defendant, the court may immediately pronounce the defendant guilty and impose sentence as if the defendant had otherwise been convicted of the crime.  It is basically the same as a guilty plea, and is treated as such by all parties, except-the defendant, who is proclaiming their innocence. 

If you find yourself in a situation like this, or you need council in your court proceedings, call Minnesota Attoreny John Scott at 651-203-5990.

 

 

 

 

What Your Automobile Is Worth If It Is “Totaled Out” By Insurance Companies In MN.

 

Your Vehicle Is Totaled After An Accident, Now What?

You’ve just been in an accident, and after accessing the injuries you now have to deal with the insurance companies in Minnesota.  The insurance company says your vehicle “Is Totaled”.  Does that mean that you are getting a new car?  Not likely, but only money “for” a new car.  The Insurance companies don’t give the new car price, so what do you do about that?

 

One service that I provide to clients is pursuing insurance claims for property loss that occurred during a motor vehicle accident. I experience quite frequently lately that clients call me questioning the amount of money that an insurance company is willing to pay for a vehicle that is “totaled out”. The basic rule is fair market value, so instead of “blue book” or NADA values, insurance companies are using newspaper ads for comparable cars, which are often cheaper than other methods.

 

If you or your loved ones are experiencing this, and you would like some guidance on what to do, or if you have a question concerning a total vehicle loss claim in Minnesota, please call Attorney John Scott at 651-203-5990.

 

 

Criminal Vehicular Operation: Proving the Elements

Criminal vehicular injury “CVO” is a Minnesota criminal offense that usually accompanies a DWI charge where someone has gotten hurt in a collision. There are several ways for a Minnesota attorney to defend a CVO charge.

If the BAC of the defendant is not over .08, the State has to prove driver negligence cased the collision. In one case I handled in Hennepin County, I represented a driver who had struck a little boy that had darted into traffic from between two parked cars, directly into my client’s lane of travel. A necessary element that the state had to prove in that case was that the driver was negligent and caused of the collision.

In this case, we hired an accident reconstructionist to provide an opinion that the collision would have occurred even if my client had been completely sober. The opinion was supported by fact witnesses who saw the collision and were able to provide the time, distance and speed facts necessary. In essence, my client was driving within the speed limit and staying within his lane of travel. Keeping a proper lookout and his reaction were not factors in the cause of the collision. The boy had darted into traffic too close to my client’s vehicle for him to react in time to stop.

This was an important step in his defense. We were able to get the felony CVO charges dismissed because the State was unable to prove every element of the offense. My client pled guilty to a misdemeanor DWI. As a Minnesota criminal defense attorney, I believe in making the State prove every element of the crime necessary.

If you have any questions concerning a criminal charge in Minnesota, please call me or visit my website.

John Scott, 612-840-8961

Undercover Agents and Consent to Search

An attorney friend of mine introduced me to an interesting challenge in criminal cases involving confidential informants, undercover agents, and controlled buys of controlled substances. As everyone knows, the police cannot enter a home without permission, or conduct a warrantless search of a home without consent of the residents. There are exceptions of course.

 

But what if an accused person consents to an undercover agent entering the home, without knowing that the undercover agent is working for the police? In that situation, it should be the argument of a good criminal defense attorney that the undercover agent is a government agent, and that consent for the government to enter the home is not valid. As a result, all of the information obtained by the undercover agent, including the controlled substances purchased, should be excluded from evidence.

 

There are no Minnesota court decisions in cases that apply to this scenario. While this scenario has applied to a few of our clients in Anoka County and Hennepin County, usually acceptable pleas have been reached before our clients could test the Court of Appeals with these facts.

 

If you have questions about drug charged, please contact me today. To learn more about our law firm, please visit our firm’s website.

 

-John Scott

Direct: 6122-840-8961