New Minnesota drunk driving law takes effect, Part II

As we discussed in our previous post, using an ignition interlock device can now help those who are convicted of drunk driving in Minnesota avoid having their licenses revoked. These devices have been available in Minnesota under a pilot program since 2009. 1,900 people are currently using them. Of that number, only four people have been charged with DWI since the ignition interlock device was installed.

In fact, the ignition interlock device has proved to be good news for at least some Minnesota drivers who were convicted of drunken driving. One Minnesota man, who had three previous DWI convictions, has been using the device for the past year. If he refused to use the device, his license would have been revoked for two years.

This Minnesota driver says that it did take him some time to get used to using the device. However, after having used it for so long, blowing into the tube has become a habit. He says that he plans to remove the device from his vehicle once the required year is over, but not because he did not think it was helpful. Indeed, he says he will always remember this experience of learning to drive while sober. In fact, he would consider continuing to use the device, but it is prohibitively expensive.

Being able to drive to work or school for most people is a necessity. A license suspension or revocation can affect a person’s ability to earn an income and support a family. In that way, the new law may actually be very helpful to people who are convicted of DWI.

Source: Marshall Independent, “Ignition device added tool to curb drunken driving,” Amy Forliti, 5 July 2011

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

A Santa Clara University study shows that over one million people in Minnesota have criminal records. In Minneapolis alone, 5,713 crimes are reported annually within an area of 100,000 residents. These criminal cases require the defendants to present evidence challenging the prosecutor's narrative. So, when does the defense present evidence in a criminal case? Your defense team presents evidence at the trial phase right after the prosecution team completes outlining the facts it intends to prove and how its evidence will prove you guilty.
Media attention and public scrutiny after conviction can hurt your personal and professional reputation, especially if your criminal case is high-profile. One of the questions you may ask is: How do I handle media attention and public scrutiny after conviction in Minnesota? You can do that by familiarizing yourself with your rights, having a witness present during a media interview, minimizing media consumption, and taking a break from social media. Building a strong support system and working closely with a criminal defense lawyer can help you handle or minimize the impact of public scrutiny.
The timeline for filing pre-trial motions in a criminal case in Minnesota varies with the type of motion. A motion related to the discovery of evidence or dismissal of a criminal case must be filed at least three days before the Omnibus Hearing. The prosecution is then allowed to respond to the motions, and the court sets the timeline for these responses.