Month: August 2012

DWI Arrests Down in Minnesota

Public safety officials in Minnesota say their campaign against drunken driving is working.

Minneapolis DUI AttorneyDepartment of Public Safety spokesman Doug Neville, told the Associated Press, their annual late-summer enforcement campaign has resulted in fewer DWI arrests. The number of fatal crashes involving alcohol has also dropped by 34% of the last five-years.

Over the past two weekends, 605 drunken drivers were arrested in the statewide campaign. That compares to nearly three times as many over a three-weekend period last year.

Drivers can expect to see plenty of patrols out this Labor Day weekend.

If you find yourself needing representation remember you can always call the Flanagan Law Office in Hugo, Minnesota, at anytime: (651) 200-3484.

Judge: Police Violated Man’s Privacy During Arrest

A 26-year-old Eagan man had his case thrown out by a Judge after deciding that Rosemount Police Officer Jason Waage infringed on Derek Boykin’s “reasonable expectation of privacy.”

Boykin obtained surveillance video to prove his point, that he targeted when he was arrested for drunk driving in December 2011.

He told Minneapolis station WCCO he was out with friends at a bar before getting in his car around 9 P.M. Boykin says he stopped at a Kwik Trip gas station to use the bathroom, when the officer pulled in behind him and followed him inside.

Officer Waage wrote in his police report that he simply wanted to talk to Boykin about his car’s dark window tint, and he felt that he was trying to evade him. The officer found him in the bathroom and took several looks under a stall and as this video uploaded on YouTube by Boykin shows, the officer eventually got a stool to look over the stall. The officer says he he heard Boykin on the phone saying, “He’s going to arrest me for DWI.”

Eventually, the video shows three officers walk Boykin out of the store, where he blew a 0.096 and was arrested for drunk driving. However, Dakota County District Judge Joseph T. Carter said before overhearing Boykin on the phone in the bathroom he had no evidence to prove he was driving drunk.

If you find yourself in trouble or in need of legal representation, remember you can call the Flanagan Law Office, in Hugo, Minnesota, to speak with an experienced attorney about your situation and to learn more about your rights.

Call: (651) 200-3484

 

How to lose your license in Minnesota… and how to get it back!

There are several reasons that could lead you to losing your driver’s license in Minnesota. Here are a few of the offenses that could take away your driving privileges for just a while… or for good:

  • Underage drinking
  • Failure to pay child support
  • Failure to comply with driver improvement or other ordered clinic
  • Providing false identification
  • Attempting to unlawfully buy alcohol or tobacco
  • Failure to pay fines
  • Out-of-state conviction
  • Providing false statements about insurance coverage
  • Other misrepresentation regarding vehicle registration, driver’s license application, or other documents
  • Moving violations
  • Truancy
  • Failure to appear for traffic tickets.

If you find yourself facing one of these offenses and your license gets suspended, the Department of Public Safety will send you a “notice of withdrawal” and list exactly what you must do to get your license back. In Minnesota, you can’t have your suspension listed until you have met all the court-ordered penalties and requirements, and pay all associated fines and fees.

However, if your license is suspended or revoked you may still be able to drive. The court could allow you to take yourself to and from work, school or your chemical dependency treatment center. If you have children, you may be able to provide transportation for them.

To find out if you qualify for a limited license, call the state driver’s license line: (651) 296-6911.

For all other questions regarding your legal rights, call the Flanagan Law Firm in Hugo, Minnesota at anytime: (651) 200-3484.

 

Your Right To A Speedy Trial

Defendants in criminal cases always have the right to a Speedy Trial under the Sixth Amendment to the US Constitution. The right is meant to keep you  from sitting in jail for an indefinite period before trial. It also gives your attorney a better chance to fight your charges.

If you think your right to a speedy trial has been violated the Courts will generally consider four key factors:

  • Length of the delay
  • Reason for the delay
  • Prejudice or harm to the defendant caused by delay
  • Whether you demanded a speedy trial and if you did it in time

In Minnesota, the laws says unless there are extreme circumstances, you have to be tried within 120 days of pleading “not guilty”, or within 60 days of demanding your case go to trial. If your “speedy trial” rights were indeed violated and you are convicted of the crime, that violation can end up overturning your conviction. However, you cannot delay your pretrial phase by your own misconduct… that won’t be considered and your claims will be denied.

If you need help of have a legal question call the Flanagan Law Firm in Hugo, Minnesota, at anytime: (615) 200-3484.

 

New Minnesota Laws

18 new laws just went into effect here in Minnesota!

Here’s a few of the one’s we thought you should know:

  • It’s now a felony to sell synthetic cannabis or “fake pot” and other illegal knock-off substances. Anyone caught selling the drugs will face up to 5 years in prison and/or up to a $10,000 fine.
  • Another law gives a stiffer penalty for intentional neglect of vulnerable adults or children. Anyone found leaving another in filth, or depriving them of food, clothing, shelter or health care when the caregiver is “reasonably able to make the necessary provisions,” will now face a felony. The law also creates a new two-year felony offense for child mistreatment that results in “demonstrable bodily harm.”
  • The Corrections Department is now establishing an inmate gardening program. The produce will be used for feeding offenders, excess produce will be donated to food shelves or charities.

Click here, to see a full list of the laws that went into effect August 1st.