53 DWI Laws & Case TipsThings YOU Need to Know about Your DWI Case that NO ONE is Telling You
Minnesota DWI Laws - The Facts
5 things the Prosecutor does not want you to know:
- They may not have all the witnesses available to prove their case.
- They may have exculpatory evidence which could prove your innocence.
- You have a right to a jury trial within 60 days of a speedy trial demand.
- They may have evidentiary problems in proving your blood alcohol level.
- They may be bluffing about their confidence level in the case against you.
7 of the facts that must be proved before you can be found guilty:
- Your identity
- As a driver, operator or in physical control
- Of a motor vehicle
- In the state of Minnesota, while
- Your alcohol level was at or above a prohibited level of intoxication or
- Your normal state was affected by alcohol while driving, operating, or in physical control of a motor vehicle (driving under the influence) or
- You had a prohibited substance in your blood without a prescription (In this case, the Prosecutor does NOT need to show ANY driving impairment to convict.)
What you must do immediately to have any chance of removing the alcohol-based revocation from your driving record:
- Demand an Implied Consent hearing within 60 days of having your license revoked (or from the date of being notified that it will be revoked).
10 questions your attorney must ask you.
- What you did prior to being arrested.
- Your consumption of alcoholic beverages.
- Your observations of the officer.
- The officer's stated reasons for stopping you.
- Your performance on roadside tests.
- Statements you made to the officer.
- What the results were of any breath, blood or urine tests.
- Whether there were witnesses to your arrest.
- Whether you were observed 15-20 minutes prior to a breath test, and
- Whether the test was taken within two hours of driving.
What are the 4 items crucial to your defense?
- A solid investigation of the facts.
- Vigorous cross-examination of the State's witnesses against you.
- Knowledge of the current state of the law.
- The experience and demonstrated excellence of your attorney.
What is the one thing your attorney must do to raise objections based on the Summons and Complaint?
- File the appropriate notices of challenges and defenses and motions for discovery and hearings.
Why a jury trial may be advisable (as opposed to a court trial in front of a judge only):
- Six people (12 in felony cases) have to agree on your guilt instead of one.
What is necessary to get a jury trial?
- You automatically have a right to a jury trial when charged with any impaired driving offense. In fact, you have to specifically waive (give up) your right to a jury trial on the court record in order to have a court trial.
How the arresting officer's testimony can be discredited:
5 requirements which must be followed for chemical and roadside tests to be valid:
- The officer must have had a reasonable suspicion that you were violating the law.
- The officer must have either had probable cause to arrest you or obtain your consent for roadside tests.
- The officer must honor your right to refuse a portable breathalyzer test.
- The officer must have probable cause before he arrests you and before he requires you to take a chemical test.
- The officer must inform you of your Miranda rights after the Implied Consent Advisory, if he is going to interrogate you.
What are the 2 key pieces of information which must be learned in deciding to go to trial?
- An estimation of the weaknesses and strengths of the State's case against you.
- The effect of a conviction, including, but not limited to, loss of license and jail time.
How to determine if you can plea bargain to a reduced charge or reduced sentence, and at what step you should do it.
- It's a cost benefit analysis. How strong is the prosecutor's case against you versus what defenses can your attorney raise in your case?
What effect will this arrest have on my license and when will I be able to drive?
- If your alcohol level was over the legal limit or you refused a test, you may not be able to drive at all for a long period of time. Withdrawal of your license ranges from 90 days to an indefinite cancellation. You should know there may be ways to reduce the withdrawal period, sometimes without going to court.
How to save your license if you're found guilty of DUI/DWI in court?
- In some cases a conviction will reduce the presumptive license revocation period, but it will not affect the driving record (showing that alcohol was involved).
What 4 preliminary motions should be filed, and the danger to you if they aren't.
- Motion to suppress evidence on the ground that you were illegally stopped.
- Motion to suppress evidence on the grounds that there was an unconstitutional search and seizure.
- Motion to suppress statements on failure to give Miranda rights.
- Motion for Discovery of all evidence, with a motion to dismiss the State's case if the evidence is not provided before trial..
If these motions are not filed, your case may not be dismissed when it should have been. You may not be told about evidence which would prove your innocence. Without the right attorney in your corner, you may never know.
7 defense tactics in DUI/DWI pre-trial motions:
- Contest the constitutionality of the stop.
- Contest the constitutionality of the administration of roadside tests.
- Contest the constitutionality of the probable cause to arrest.
- Contest the constitutionality of the Implied Consent process.
- Contest the manner in which roadside tests were given
- Contest the use of a Portable Breath Tester (PBT) device to show anything other than cause to arrest...
- Contest the constitutionality of any search and seizure.
Call me today at 612-334-3342 for your free consultation.
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