Texting And Driving And Distracted Drivers Still An Issue In the United States

If you have been charged with texting and driving in Minnesota, you will need to contact a criminal defense lawyer. Eerie Insurance did an analysis and found that many drivers were posting pictures to social media while driving. Most common were posts of clouds, sunsets and selfies while posting the hashtag #whiledriving. The Star Tribune reported that more than 3,179 people were killed and 431,000 were injured in crashes involving distracted drivers in just 2014. Distracted driving and texting and driving is very dangerous and has been a topic that Keller Criminal Defense Attorneys has previously blogged on. Distracted Driving Awareness Month begins this week which urges drivers to stay focused on the road and not use cell phones while driving.

Pursuant to Minn. Stat 169.475 states that “electronic message” means a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices. An electronic message includes, but is not limited to, e-mail, a text message, an instant message, a command or request to access a World Wide Web page, or other data that uses a commonly recognized electronic communications protocol. An electronic message does not include voice or other data transmitted as a result of making a phone call, or data transmitted automatically by a wireless communications device without direct initiation by a person.” Subd. 2.Prohibition on use. No person may operate a motor vehicle while using a wireless communications device to compose, read, or send an electronic message, when the vehicle is in motion or a part of traffic.

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Defense and exceptions

There are defenses to traffic violations when dealing with the use of wireless communication devices under the statute.

(1) solely in a voice-activated or other hands-free mode;

(2) for making a cellular phone call;

(3) for obtaining emergency assistance to (i) report a traffic accident, medical emergency, or serious traffic hazard, or (ii) prevent a crime about to be committed;

(4) in the reasonable belief that a person’s life or safety is in immediate danger; or

(5) in an authorized emergency vehicle while in the performance of official duties.

If you have been charged with a distracted driving citation or texting and driving, contact Keller Criminal Defense Attorneys. A Minnesota Defense lawyer be able to view to evidence and see if any defenses apply in your case. A Minnesota Defense lawyer may be able to challenge the evidence in your case. A Minneapolis defense attorney may also challenge the constitutionally of the statute and the laws in the state. Max Keller is a criminal attorney in Hennepin County, Minnesota. Keller Criminal Defense Attorneys offers free consultations. Call 952-913-1421 to talk with a criminal lawyer licensed in Minnesota. Max Keller has handled many traffic violation cases. The attorneys at Keller Criminal Defense Attorneys have also won bench trials and have got traffic violation tickets dismissed. There are also many ways to keep this from going on your record. Max Keller will fight for you and will meet with you for free. Please visit the firm’s website at www.kellerlawoffices.com.

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

How a DWI Affects CDL Holders in Minnesota

Commercial motor vehicle drivers arrested or charged with driving while impaired (DWI) may need to know how a DWI affects CDL holders in Minnesota. You will lose your Commercial Driver’s License (CDL) for at least a year if you are convicted of DWI for the first time, and forever after a second conviction. The consequences go beyond the immediate legal implications of a DWI conviction. A CDL suspension or revocation will lead to job loss, difficulty finding employment, and serious financial challenges.

How a DWI Affects Rideshare Drivers in Minnesota

Knowing how a DWI affects rideshare drivers in Minnesota allows you to take the right steps to protect your license and livelihood. A DWI conviction will lead to suspension or cancellation of your driver’s license. Once you lose your license, you will be ineligible for a work permit required to work for rideshare companies as a driver. You may also face jail time, fines, or ignition interlock device (IID) installation, depending on the seriousness and number of related offenses on your record.

Can Police Search Your Phone Without a Warrant in Minnesota?

People under criminal investigation or whose phones have been seized by law enforcement officers may ask, “Can police search your phone without a warrant in Minnesota?” It’s illegal for police to search your phone without a warrant. However, there are exceptions to the warrant requirement. These exceptions include when you consent to the search, someone’s life is in danger, or there is an immediate risk of evidence destruction.