Criminal Defense Archives - Page 28 of 46 - Keller Criminal Defense Attorneys

Feb: 20, 2014

Is a plea bargain the right choice?

Every day, people in Minneapolis are arrested and charged with committing a crime. Many are unfamiliar with the workings of the judicial system and the arrest, processing and filing of charges can be overwhelming. This can encourage people accused of domestic violence, murder or even DWI, to agree to a plea bargain.

Jan: 29, 2014

Are Warrantless DWI Tests Still Legal in Minnesota after McNeely?–Part I

If you have a criminal DWI case or criminal DWI test refusal case, and/or civil implied consent driver’s license revocation cases pending, you may have heard of the recent U.S. Supreme Court decision in McNeely v. Missouri issued 4-17-13. In McNeely the U.S. Supreme Court held that Warrantless DWI Tests are illegal without consent or “exigency circumstances.” The U.S. Supreme Court said that Missouri could not take a non-consensual blood test from a driver in a standard DWI case (no accident) without either a warrant OR a showing of special circumstances like an emergency stemming from injured persons in a car accident (i.e. “exigent circumstances”).

Jan: 29, 2014

DWI and Canada, New Rules May Not Help All With DWI Convictions

Previously in this space, we have discussed a number of the direct and indirect consequences of a DWI conviction in Minnesota. State laws generally govern many consequences, including sentencing issues and the impact a DWI arrest can have on a driver’s privilege to drive. However, a Minnesota DWI and Canada do Not mix well.

Jan: 29, 2014

Trial court: Necessity defense unavailable in civil license revocation challenge

A Monticello woman recently requested a civil implied consent hearing to challenge her license revocation after being arrested for driving while impaired. The administrative and civil license revocation issues operate separately from the criminal case following a Minnesota DWI arrest.

Jan: 29, 2014

DWI Bail in Minnesota–Part II

Here is part II of our discussion of Minnesota DWI bail in Misdemeanor DWI’s, Gross Misdemeanor DWI’s and Minnesota Felony DWI’s: 3rd Degree DWI: 3rd Degree DWI is a gross misdemeanor. 3rd Degree DWI occurs when one (1) aggravating factor is present.

Jan: 29, 2014

DWI Bail in Minnesota–Part I

Unlike in federal criminal court, in Minnesota state court any person charged with a crime has a right to bail. A person cannot be held without bail on a new criminal charge; holding someone without bail can only occur after an individual is convicted. People who are alleged to have violated their probation can be held without bail, as can people who have (1) pled guilty or been found guilty by a jury and (2) are awaiting sentencing.

Jan: 29, 2014

Rosemount woman arrested on suspicion of medication DWI

Dakota County prosecutors say that a Rosemount woman was arrested at her home for driving while impaired June 21. Authorities say that police confronted the woman as she stood outside her home, holding her three-year-old child. Law enforcement apparently was responding to a report of an alleged erratic driver, who allegedly drove up onto a curb near County Road 42 and Diamond Path.

Jan: 29, 2014

DWI and Canada: Can My Minnesota DWI Keep Me Out of Canada?

Having just returned from Canada for a wedding of my relative, the author of this blog, Criminal Defense and DWI attorney Max A. Keller, is reminded that this is summer travel season when many Minnesotans with DWI’s on their records may go to Canada to cool off and vacation. Accordingly, we thought it was a good time to remind you about the dangers of trying to get into Canada with a Minnesota DWI on your record.

Jan: 27, 2014

Reminder: Vanessa’s Law Traps Underage Drivers

Since summer time is here, we all need to be aware that DWI and speeding patrols are increased, including enforcement of teenagers covered by Vanessa’s Law, as the police have announced. In addition, teen drivers are hitting the roads for the first summer, unaware that a single open bottle ticket could mean that they lose their driver’s license for up to two years. So, we are re-posting an earlier explanation of Vanessa’s law and its affects on Minnesota teen drivers with alcohol or crash-related tickerts, including but limited to teenagers with DWI’s.

Jan: 27, 2014

Minnesota Supreme Court rules Intoxilyzer results reliable for court

The Minnesota Supreme Court handed down its ruling in the long-awaited Intoxilyzer 5000EN challenge Wednesday. The state’s highest court upheld the lower court’s ruling that the Intoxilyzer machine’s results are accurate enough to be used in Minnesota DWI cases.

Category: Criminal Defense