Protection of home defends Hennepin County man from DWI charge

During the month of December, the holidays are upon us. It is not uncommon for there to be holiday parties with holiday drinks. Along with the holiday festivities, however, comes an increased presence of law enforcement on Minnesota streets. It is important to never forget that a person has invaluable rights to protect himself from the personal and professional damage of a drunk driving charge.

A man who is well-known as a result of serving his community in Rogers, MN is an example of someone whose professional reputation could have been significantly affected by a reckless DWI conviction. He was arrested by Hennepin County police last December but recently got some good news regarding his case.

According to a local news report, the Rogers fire official was followed home by a woman last winter. The woman reportedly believed that the suspect was driving drunk, though any evidence she had to go on was merely what she saw. Nevertheless, she called police to report to the suspect’s home out of suspicion that he was driving while drunk.

By the time police had arrived to the DWI suspect’s house, he wasn’t in his car anymore. He wasn’t driving. He was inside the privacy of his own home. Law enforcement went to the door and reportedly got a child in the house to let them in to investigate. The police did not have a warrant or the DWI suspect’s permission to enter the house.

As with a standard drunk driving investigation, the police in this case subjected the suspect to sobriety tests. The difference in this Minnesota case, however, is that the investigation took place in the man’s home – a point that proved effective in defending the respected Rogers official from the possible criminal charge.

Last Tuesday, a Hennepin County judge reportedly ruled that any evidence that officials collected from the defendant after they entered his home invalid. Minnesota courts protect a person’s home vigilantly, as they should, and the judge, therefore, found that the police didn’t have authority to go inside the suspect’s home.

They had no warrant; they weren’t in pursuit of him before they arrived to the home. There were no exigent, dangerous circumstances that needed emergency attention inside the home. In this case, Minnesota law defended not only a person’s privacy in their home, but it defended a man and his family from the effects of a possible DWI conviction.

Source

Kstp.com: “DWI Charge Against Rogers Fire Official Dismissed” Gail Brown, 26 Jul. 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

Students with juvenile convictions in their records and intending to apply for college may wonder, “Do juvenile crimes impact college admissions?” A juvenile crime in Minnesota can lower the odds of your child’s college application getting approved. A conviction of a serious juvenile crime may result in an automatic rejection of college applications. A minor with a criminal record may be disqualified from accessing student loans or grants.
Defendants convicted of a crime may ask, “What is the post-conviction process, and how long does it take?” A petition for post-conviction relief allows you to contest the legality of a criminal conviction or sentence following an unsuccessful direct appeal process or passing the appeal deadline. This petition involves legal issues not addressed at trial or direct appeal. These issues include a constitutional rights violation, newly discovered evidence, and inadequate or ineffective lawyer representation.
Knowing how long the sentencing phase takes in Minneapolis, MN, can help you ease worries and work towards receiving a fair sentence. The sentencing phase of the criminal justice process usually takes only minutes, especially when the judge approves the sentence negotiated in a plea bargain. Sentencing can sometimes be lengthy, particularly when you get convicted at trial, and the judge schedules a hearing to a later date to decide on appropriate legal penalties. The nature and seriousness of the criminal conviction, whether your sentence is negotiated or determined by a judge, and continuance motions are some factors that may affect the length of the sentencing phase.