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1
Sep
In a probation violations setting, the deck is already stacked against the defendant in the sense that the State’s burden of proof is lower and the rules of evidence don’t apply. And that does not even include the possibility that the jud…
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21
Aug
Prescription Drugs DWI in Minnesota - The Unjust Result
UPDATE – This post is no longer an accurate summary of the law. Minnesota law changed in July 2017 to fix this unjust result. Please read this for historical context purposes only. Contact our office with any questions about this complicated, y…
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20
Aug
Loss of License From Traffic Violations
If you’ve been cited for a traffic offense, you should reconsider paying the fine right away and instead try to negotiate a more positive resolution. You may be able to even obtain a resolution that ultimately gets the citation dismissed. Such an o…
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19
Aug
DWI - The Testing Procedure Must Be Done Properly
Much of the focus on a DWI defense pertains to the basis for the stop and whether probable cause existed to arrest the defendant. Once that occurs, the officer takes the defendant back to the station and administers an official test – usually a…
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11
Aug
Impact on Insurance from Traffic Tickets
Everyone understands that there is some impact on your insurance premiums if you are convicted of or pay a fine for a traffic ticket. But, not many understand the actual impact and how bad it really is. I recently sat down with an insurance agent –…
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6
Aug
Stop Based Upon Reasonable Mistake of Law is Permissible
The Supreme Court of the United States (SCOTUS) just issued a ruling that further weakens our Fourth Amendment protections. It held that a reasonable mistake of law by police when stopping a vehicle does not violate a persons Fourth Amendment right t…
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27
Jul
Limited License in Minnesota
A limited license – also known as a work permit – allows a driver whose driving privileges have been revoked due to a DUI conviction or implied consent violation to drive pursuant to certain limitations.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
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
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
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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