Not just a fine: Your Driver’s License too

Persons accused of a crime in Minnesota have to be aware that if the crime was committed with, or while using, a motor vehicle, their drivers’ license may be suspended if they plead guilty. The most common offenses that result in suspension of drivers’ license include fleeing from a police officer, using a vehicle in drug manufacturing or drug selling, and of course, DUI and DWI offenses.

 

More than one Minnesota defendant has been surprised following entry of a guilty plea when the Department of Public Safety sends a notice of suspension. Once a plea is entered, all the Commissioner of Public Safety has to do is show that a plea was entered to the offense. So really, there is no recourse once a guilty plea is entered.

 

Be sure that the Minnesota criminal defense attorney you hire knows what offenses will result in a suspension of your license if you plead guilty. Most of the offenses that result in a suspension or revocation of a Minnesota Driver’s license are listed within Minnesota Statute Chapter 171, and the DWI statutes. The length of the license suspension varies. You should ask your Minnesota criminal defense attorney if what you are pleading guilty to will result in a suspension of your Minnesota drivers’ license before admitting guilt.

 

Call me today for a free consultation if you have questions concerning pending criminal charges in Minnesota.

 

-John Scott, 612-840-8961

Getting Out of Jail Over the Weekend

This morning I listened to a radio show interview this morning with Lieutenant Mark Peterson of the Minnesota State Highway Patrol (MSP). With the holiday weekend, the MSP and local agencies are planning on putting more officers into duty, and having those officers aggressively making traffic stops, enforcing our DWI laws.

 

DWI laws exist for public safety reasons. But even as the officers make DUI stops and arrests, it is important that the individual constitutional rights are not violated.

 

Over the holiday weekend, persons arrested and put into custody do not have to wait until Courts open Tuesday to get out of jail. A good criminal defense attorney can arrange to have bail or bond set, and can get an order from a judge permitting release from jail.

 

If you have questions concerning getting out of jail before court is open on Tuesday, call a Minnesota DWI attorney.

-John Scott, 612-840-8961.

Miranda Rights: The Right to Remain Silent

“You have the right to remain silent.” Every person in American has heard this phrase. It is in movies, on television shows, and it is ingrained into our minds in middle school social studies. But when it is time to remain silent, it seems like nobody does.

 

Very few people that are accused of a crime request a criminal defense attorney when talking to police officers. As a result, many people that contact our office have given the police all of the state’s evidence to prove their case. If the person accused had said nothing, the person would not be prosecuted with the crime.

 

As a case to illustrate, I had a 20 year old client that drove into the drive through of a fast food restaurant with a beer can in the center console. The attendant asked the client to pull ahead and wait for the order. Suddenly, he was surrounded by police cars. The beer car was empty, and my client passed all the field sobriety tests, but my 20 year old client blew a .03 on the PBT. He was taken to the police station, where he was given an Intoxilizer BAC test. The test reading was 0.00. Unfortunately, my client had already admitted to the officers in casual conversation that he was drinking that evening.

 

During the prosecution for minor consumption, the only evidence the State had was his admission that he was drinking. What Minnesota citizens need to know is that it is not a crime to ask to speak with an attorney when you are being questioned by the police, whether the questioning is happening at your own home, on the side of the road, or at the police station. Exercise and use the right to remain silent.

 

Many people know the right to remain silent as “Miranda rights”. For an overview of why “the right to remain silent” is synonymous with “Miranda”, this is a good post on Miranda rights: http://bflaw.wordpress.com/2008/04/02/miranda-rights-and-criminal-defense/.

 

If you need a Minnesota criminal defense attorney, please call Attorney John Scott, 612-840-8961.

Intoxilizer Source Codes: Challenging the BAC Test

Minnesota DWI lawyers have found a way to challenge their client’s DUI charges: requesting that the state produce the source codes for the Intoxilizer computers that produce the results of the breath BAC tests.

 

But the state can’t produce the codes. The State of Minnesota contractually cannot give them to defense attorneys because of the contract the state signed with the manufacturer of the machines. While some DUI cases have been dismissed as a result, a recent Court holding addressed this issue.

 

The Court of Appeals issued an order in the case of State v. Olcott, Court file A06-2340, on April 15, 2008 holding that Defendants have to make a showing that the source codes negate the guilt or reduce the culpability of the DWI charge. With that in mind, attorneys will be looking for a software engineer with the qualifications to testify that variances within the source codes could result in a different reading. I see it being more applicable to .08, .09, .10 cases, as opposed to the sloppy drunk .19 readings.

 

Using common sense, I am sure programmers and software engineers would agree that the variance in the software would be insufficient to show that the source codes, and the mathematical rounding would not negate the guilt of a person being charged with a .22 BAC. See another post at:  http://www.robteel.com/2007/08/10/duis-and-breathalyser-source-code/. Also, don’t forget that you have the right to get your own BAC test if you don’t agree with the State’s.

 

From a DWI lawyer’s perspective, in the DUI case a person wanting to challenge BAC test by getting the source codes would need a programmer or software engineer to testify why they might be inaccurate, and a toxicologist to testify that based on the person’s consumption, they should not have had that high of a reading.

 

If you have a question concerning a Minnesota DWI, please call.

 

-John Scott, 612-840-8961

The Implied Consent challenge case in a DWI

A Minnesota DWI charge will get your driver’s license suspended if your BAC is over 0.08. In order to challenge the license suspension, you must file an Implied Consent Petition with the Court within 30 days that you receive the Notice of Suspension.

 

The Implied Consent case is basically a civil lawsuit against the Minnesota Commissioner of Public Safety alleging that your suspension is wrong. The basis of such a challenge can include that the police officer did not have probable cause to stop you or to arrest you, that the BAC test is unreliable, that the police office did not let you talk to an attorney after the arrest and before you took the test, or any violation of constitutional rights. If you have been arrested for a Minnesota DWI, talk to a criminal defense attorney if you believe there are issues that the police did wrong during the DWI arrest.

 

The issues that are raised in an Implied Consent case are usually raised in your criminal defense case as well. The issues are tried to a judge. If you prevail in your criminal case without challenging the Implied Consent case, you will still have an Implied Consent entry on your driver’s record. Insurance Companies, police officers, and anyone looking at your driving record will know that you were arrested for DWI even if there is no criminal conviction.

 

For clients of the public defender, you need to be aware that the public defender will not represent you in the Implied Consent case.

 

If you have questions concerning a DWI arrest, please call for a free initial consultation.

 

-John Scott, 612-840-8961