May
01
2012

Minnesota Drunk Driving Laws

by Pat Flanagan

According to research, a person’s ability to drive becomes impaired when the amount of alcohol in his or her bloodstream reaches 0.08% or higher. Federal law suggests imposing a 0.08% blood alcohol content limit across all 50 states, however each state has the right to set its own BAC limits. Minnesota lawmakers agree with the federal guidelines, so it’s illegal for anyone in the state to operate a vehicle with a BAC of 0.08% or more.

Minneapolis DUI AttorneyMinnesota law restricts the amount of alcohol underage drivers and commercial vehicle operators can have in their system even further. Under state law, a driver under 21 is considered “drunk” or “impaired” once their BAC reaches 0.02%, while individuals of any age who operate a commercial vehicle (like a tow truck, bus, or tractor-trailer) face a DWI charge if they have a BAC of 0.04% or higher.

To calculate a driver’s BAC, law enforcement rely on testing methods like breathalyzers and blood or urine tests. If an officer suspects a driver is impaired, a chemical test will be given to determine the suspect’s level of impairment. In Minnesota, it is against the law to refuse to perform this test and, if you fail to comply with the request, you’ll be charged with a criminal offense—and in some cases, face even harsher penalties than you would have if you had failed the test.

For your first DWI conviction in Minnesota, your penalties may include a fine of up to $1,000, a 90-day license suspension, and/or 90-day jail sentence. For a second conviction the maximum punishment including a 180-day license suspension and 1-year jail sentence.

After three convictions, any subsequent DWI charge will be treated as a felony, carrying up to a 7-year jail sentence and $14,000 fine, and result in the permanent loss of your voting rights and eligibility to travel outside of the country and even purchase firearms. And, regardless of whether it’s your first or fourth offense, you will face much harsher penalties if you were travelling with a passenger under 16 at the time of you arrest or had a BAC of 0.16% or more.

If you are cited or arrested remember you can always contact the Flanagan Law Office, in Hugo, Minnesota, to speak with an experienced attorney about your situation and to learn more information about your rights.
Office: (651) 291-5453.

posted in Arrests, Evidence, Felony, Jail, Legal Education, Sentencing | tagged with , , , , | No Comments

Apr
30
2012

10 Things To Know If You Get Arrested

by Pat Flanagan

If you get arrested there are a few things you should know to avoid getting yourself in more trouble!

#1 – Remain calm and composed.

#2 – Do not resist arrest. Minnesota law does not allow the right to resist an arrest, even if you believe it’s being done against your rights!

#3 – Don’t make any statements to the police. Anything you say can and will be used against you in court. Your actions, if arrested, should be simply ask for your attorney. It is your legal right, and the only thing you should say.

#4 – Do not lie. You are not required by law to speak to law enforcement authorities. However, if you choose to speak to them, you are obligated to tell the truth. If it can later be shown that you provided false information, you could be charged with making false statements or aiding an offender to escape arrest or prosecution.

#5 – Do not give permission to search anywhere. If the arresting officer asks, it’s typically because he/she knows they don’t have the right to search and need your consent. If you are ordered to hand over your keys, make sure you tell the officer they do not have your permission to search.

#6 – Do not believe what the police tell you in order to get you to talk.They are allowed to lie to a suspect in order to get you to make admissions.

#7 – Do call your lawyer! You have the right to make a local phone call and the police cannot listen if you use that call to contact a lawyer.

#8 – Do not invite the police into your home or “step outside.” If the police believe you’ve committed a felony, they usually need an arrest warrant to go into your home to arrest you. If they ask you to step outside, they no longer need that warrant. Simply say that you’re comfortable talking right where you are.

#9 – Do not accept an offer by police to let you go inside if you are arrested outside. When the police escort you inside, they’ll likely conduct a search without a warrant. Refuse offers to secure your car safely for the same reason.

#10 – Do have cash on hand to make bail. If you don’t and you are arrested on a Friday night, you’re in for a long weekend in jail!

If you are cited or arrested remember you can always contact the Flanagan Law Office, in Hugo, Minnesota, to speak with an experienced attorney about your situation and to learn more information about your rights.
Office: (651) 291-5453.

posted in Arrests, Court Procedure, Evidence, Felony, Legal Education, Search & Seizure | No Comments

Apr
24
2012

New Minnesota Fireworks Law

by Pat Flanagan

Fireworks DebateThe Minnesota House will now allow residents to purchase and use powerful aerial fireworks a few weeks a year.

House members voted 77-50 to approve the bill on Monday April 23rd to let Minnesotans utilize skyrockets, firecrackers and multiple-tube devices five weeks a year, from June 1 through July 5 each year. The House bill also allows some local regulations that could restrict but not prohibit fireworks use.

The House approved this version of the bill, but it must now go back to the Senate, which passed a slightly different version. If it’s approved there, it will go to Governor Mark Dayton.

The state currently allows small, ground-based fireworks such as sparklers, snakes and small cones. This bill would open up the state to various types of fireworks which many Minnesotans now buy legally in Wisconsin but set off illegally at home.

posted in Legal Education, Unusual | No Comments

Mar
20
2012

Crazy Minnesota laws you may be breaking

by Pat Flanagan
Every state has its fair share of crazy laws, and our beautiful state of Minnesota is not exempt from that fact. Here are a few of the most bizarre ones we’ve found:

State Laws:

  • The land of 10,000 lakes declares mosquitos a public nuisance.
  • It is illegal to stand around any building without a good reason to be there.
  • A person may not cross state lines with a duck atop his head.
  • It is illegal to sleep naked.
  • All men driving motorcycles must wear shirts.
  • Citizens may not enter Wisconsin with a chicken on their head.
  • All bathtubs must have feet.
  • Oral sex is prohibited.

In Cottage Grove:

  • Airplanes may not be landed in city parks.
In Hibbing:
  • It shall be the duty of any policeman or any other officer to enforce the provisions of this Section, and if any cat is found running at large, or which is found in any street, alley or public place, it shall be the duty of any policeman or other officer of the city to kill such cat.
In Minneapolis:
  • Red cars may not drive down Lake Street.
In Minnetonka:
  • Driving a truck with dirty tires is considered a public nuisance.
  • Placing tacks on a sidewalk is considered a public nuisance.
  • Any person who persuades another to enter a massage therapist business after 11:00 PM is guilty of a misdemeanor.
In St. Cloud:
  • Hamburgers may not be eaten on Sundays.
If you are cited or arrested for any of these “situations” you can always contact the Flanagan Law Office, in Hugo, Minnesota, to speak with an experienced attorney about your situation and to learn more information about your rights.
Office: (651) 291-5453.

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Mar
13
2012

Judges say U.S. budget cuts could halt some trials

by Pat Flanagan

Some federal civil trials in the United States could be suspended because of big budget cuts scheduled by Congress to take effect in January 2013. The announcement was made by the federal judiciary’s policy-making body this week.

The 27-member group, which is made up of judges from around the country and meets twice a year, said it was concerned about what it described as a looming financial crisis.

The group of judges warned of significant reductions in staffing and court services if Congress doesn’t agree on a new plan to reduce the budget deficit or if it fails to amend the looming cuts.

David Sentelle, chief judge of the U.S. appeals court in Washington, D.C., told reporters after the meeting that contingency plans included furloughs for non-essential court personnel and putting some civil trials on hold.

The cuts also could mean there will not be enough money to pay attorneys who represent poor defendants through the end of the fiscal year.

Funding for the federal judiciary has essentially been at the same level for the past three years.

(Information provided by Reuters)

posted in Uncategorized | No Comments

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