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Mankato DWI Lawyers

1. Rosengren Kohlmeyer: Most people are unaware of the fact that everyone charged with a DUI or a DWI in Minnesota has rights that serve to protect them in a court of law. In order to for you to protect your rights however, you need to act as soon as possible, as there are specific procedures to be followed under very short deadlines. That is why you must contact a skilled Minnesota attorney specializing in DUI and DWI cases in very short order if you have been charged with a DUI or DWI.
2. Rosengren Kohlmeyer Law Office: What happens at Pretrial or the Omnibus Hearings: Before a trial happens, your DWI lawyer will file motions. These motions address various constitutional issues like: * why your car was stopped * If the officer did not have a reasonable and articulable basis for the stop * Right to counsel * Miranda rights * Lack of probable cause for arrest * Many, many others Hearings addressing Motions are called the Pretrial or Omnibus hearings. At the hearing the Judge will sometimes take testimony from the police officers or jail staff. You may or may not testify depending on your situation. The Judge then has 90 days to issue a ruling, which determines how your DWI case proceeds. What Happens at Trial? If your crime is a misdemeanor or gross misdemeanor, you have the right to demand a jury trial. The jury will be made up of 6 people from the county in which you are charged with your DWI. Typically a DWI/DUI trial takes 1-2 days. If however, this is a felony DWI trial (which means you have at least 3 prior DWI's or alcohol related license revocations within the past 10 years) then you have a right to a jury by 12 people in Minnesota. Trial begins with selection of they jury. It can take hours to find the right jury. It is critical that your jury be impartial and not have certain biases. After the jury is selected the Prosecutor makes an opening statement. He or she will tell the jury what he or she thinks the case is about and how they plan on convicting you for Driving While Impaired. Your attorney will then get to make your opening statement. He will tell the jury about the problems with the prosecutorÕs case, (the Intoxilyzer is inaccurate, the blood draw was done incorrectly, etc). Witnesses are then called, including the police officer, the Intoxilyzer operator and any others that the Prosecutor thinks will help convict you. Your lawyer should draw the JudgeÕs attention to inconsistencies in their testimony. At the close of the prosecutorÕs case, you will be able to call witness that might help you. These may include eyewitness or passengers in your car, and/or a blood alcohol expert that can explain why the test that you took is not accurate. Once all the witnesses testify, the lawyers make closing statements and the jury goes into the Jury Room to deliberate. That is, they try to come to a unanimous decision as to your guilt or innocence. Trial is a very serious and complex process. You need to be sure your rights are protected by a lawyer who is experienced in all matters preparing for and conducting trial. Can't the Judge Just Give Me Back My Driver's License? No. A very common mistake is to believe that somehow the Judge on your DWI criminal case can take or give you back your Driver's license on his own. This is not true. You need to file a separate civil lawsuit, called a Petition For Judicial Review or an "Implied Consent Petition" to either get your driver's license back or keep it from going on your driving record. DWI or DUI Ð Is There a Difference? Not really. In Minnesota, DWI is technically more accurate as the title of the Statute. Minn. Stat. ¤169A.20, describes the offense as Driving While Impaired. This offense, however, encompasses Òdriving under the influenceÓ of various substances, as well as driving with unacceptable amounts of various substances in your bloodstream. Negotiations Many cases are settled by entering into plea bargains with the prosecutor. One of the biggest factors that determine how well the settlement negotiations will go is how skilled your DWI lawyer is. If your attorney can point out the problems with the case often times you will receive a better outcome. Punishment and Sentencing For DWI/DUI: Because we know that juries can do strange things and there is, of course, the possibility that you will be convicted of DWI DUI, you will be entitled to a sentencing hearing. This hearing is done after the trial or the plea. Before the sentencing hearing you will probably be given a Pre-Sentence Investigation (we call it "PSI" for short) where you will meet with a probation agent and be given the chance to explain your version of events. It is critical that your attorney prep you for what will be asked at the PSI because these are intimidating and stressful meeting you need to know what to expect going in. Meeting with a probation agent for your PSI usually takes an hour or so, often time depending on the agent. A few weeks later the Agent will send a written recommendation or PSI to both the prosecutor and your attorney. In it the agent will give their recommendation of what your punishment should be. Your DWI DUI attorney should send you the document and discuss the next step. In Minnesota, the Prosecutor can look back 10 years to see if you have either a DWI/DUI conviction or have lost your driverÕs license because of an alcohol related event. If you have convictions for driving while impaired longer than 10 years ago, the Judge will be notified. The
3. Kennedy and Kennedy: If you have been charged with drunk driving, call our office immediately. You have a limited amount of time to save your driver's licenseÑand your way of life. We will handle both your criminal case and the administrative license hearing. Think you donÕt stand a chance in court? DonÕt give up until you have had a lawyer look at your case. A drunk-driving conviction is on your record for life. It will raise your insurance rates and could interfere with your ability to work or get a job. DonÕt plead guilty before you have to. Get a professional legal opinion before you make your next move.
4. Eskens & Gibson: Contrary to what some people may think, there is no constitutional right to refuse a breath or chemical test to determine the level of alcohol in your body. You are deemed to consent just by the act of driving in Minnesota. If youve been stopped and arrested for drunk driving, you will be faced with the decision of whether to take such a test. On the one hand, refusing to take the test has its consequences: your license can be revoked for a year merely for the refusal (even if youre perfectly sober); and your refusal may be admissible as evidence of your guilt at a trial of the drunk driving charge. Accordingly, in Minnesota, where there was no accident, it is most advisable to take the test. On the other hand, if you were involved in a serious accident, it may be advisable not to take the test and endure the revocation rather than provide evidence of a possible criminal vehicular operation. In Minnesota, even a first time DWI could get a 30-day jail sentence if the test exceeds .20. If you are a first time DWI and over .20, it may be advisable to refuse the test. Your revocation would last a year versus 180 days for the .20, but there is no 30 days in jail.