27
Jul

Limited License in Minnesota

DWI, Loss of License, Traffic Violation
A limited license – also known as a work permit – allows a driver whose driving privileges have been revoked due to a DUI conviction or implied consent violation to drive pursuant to certain limitations. A limited license is only available to a s…
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20
Jul

DWI Aggravating Factor - Children in Car at time of DWI

Case Law Updates, DWI
A DWI can be enhanced to a gross misdemeanor or felony based upon the presence of any combination of aggravating factors. Minn. Stat. 169A.03, subd. 3 defines aggravating factors to include: (1) having a qualified prior within the past 10 years; (2)…
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17
Jul

Dan Adkins Interviewed by Channel 5 for Lead Story

In the Media
Dan Adkins was recently interviewed by Channel 5 for a lead news story surrounding the illegal actions taken by police in arresting a man for not identifying himself when asked. There is no law requiring an answer. Yet, the police took extreme measur…
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16
Jul

Do’s and Dont’s When Pulled Over for a DUI

DWI
After prosecuting and defending DUI cases for the past several years, I can tell you that the cases end up blending together because inevitably the suspect does unnecessary acts that will be used against them. So now that I am only a defense attorney…
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Tags: Do's and Dont's When Pulled Over, DUI, DUI stop, Minnesota DUI attorney, Minnesota DUI lawyer, Minnesota DWI attorney, Minnesota DWI Lawyer, What to do when pulled over
15
Jul

James Gempeler Named to 2015 Rising Stars List

Firm News
North Star Criminal Defense is pleased to announce that co-founder James Gempeler has been selected to the 2015 Rising Stars List. This is an exclusive list, reserved for only 2.5% of attorneys statewide that are either under the age of 40 or who hav…
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9
Jul

Federal Gun Rights Laws - The Interplay with Minnesota State Law

Gun Rights
By now, you probably know that both state and federal law can prohibit a person from possessing firearms based upon their criminal history. Often, the laws are duplicative and a person is ineligible under both for the same offense. But, certain offen…
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9
Jul

Diversion Programs in Minnesota

Diversion Programs
Counties across the State offer diversion programs as alternative options to the criminal court system. In lieu of proceeding through the many hearings leading up to trial, an individual may apply for acceptance in the counties diversion program –…
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7
Jul

Minnesota Expungements – Getting Your Second Chance

Case Law Updates, Expungement, Record Expungement
The beginning of 2015 saw an important and needed change to the expungement law, benefiting those that need second chances from their criminal past. The new law makes more Minnesotans eligible for an expungement and they will finally get a meaningful…
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2
Jul

Consequences for Driving After Revocation, Cancellation, or Suspension

Loss of License, Traffic Violation
Driving after revocation, cancellation, or suspension are misdemeanor offenses, subjecting a person to a maximum of 90 days in jail and up to a $1,000.00 fine. The elements the State must prove for each of these offenses is the same: The driver had a…
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Tags: Cancellation, Revocation, Suspension
1
Jul

How to Get Back Seized Property

Evidence, Vehicle Forfeiture
As you probably know, police may seize property – with or without a warrant – if it believes the property has some potential evidentiary value. As expected, this leads to an abuse of the system. Police often seize property for no reason o…
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Tags: Evidence, Forfeiture