19
Dec

Snowmobiling while Intoxicated (SWI)

Any person who is operating a snowmobile while under the influence can be charged with a snowmobiling while intoxicated charge (SWI), which is the equivalent to a DWI. The criminal penalties will be nearly identical to a DWI charge, but the civil pen…
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16
Dec

GERD Defense to DWI Charges

Typically, the most critical piece of evidence in a DWI is the breath test result taken at the station. This test shows whether the driver was above the 0.08 legal limit. But, this test result can be inaccurate if the driver suffers from certain medi…
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17
Nov

Underage Drinking and Driving

Facing DWI charges is a difficult time for every person. This is especially true for persons under the age of 21. An underage drinking and driving offense raises unique issues and potentially more significant collateral consequences. To begin with, a…
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7
Nov

Texting and Driving Crimes

Mr. Gempeler was just published by the Bench & Bar Magazine – a magazine distributed statewide to attorneys and judges – on the range of texting and driving crimes and the various consequences that come with them. The article also exp…
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23
Sep

Falsely Reporting a Crime Charge in Minnesota

Falsely reporting a crime is a serious offense in Minnesota that can lead to long-lasting consequences. Due to the resources that are allegedly wasted in investigating false claims, prosecutors take these crimes seriously and often seek a straight pl…
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12
Sep

Search Warrant Requirements

The Fourth Amendment assures us that we have the right to be secure in our “persons, houses, papers, and effect from unreasonable searches and seizures.” Except when numerous exclusions may apply, the State must obtain a valid warrant to…
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11
Sep

Cell Phone Evidence - The Basics

With smart phones becoming such a critical part of our lives, cell phone evidence is becoming more common. Crucial evidence to a case is often found within the data of the cell phone. The State can obtain this evidence, but it is not easy and can lea…
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31
Aug

State Can Dismiss and Re-file in Bad Faith - Supreme Court Decision

Last summer, the Court of Appeals decided that it is bad faith for a prosecutor to dismiss a case, with the express intent to re-file criminal charges against the same defendant, after a Court had denied a continuance request. The Court of Appeals pr…
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24
Aug

Texting and Driving Ticket - Minnesota

In Minnesota, a texting and driving ticket is a petty misdemeanor offense, which means the total fine is less than $300 and it includes no jail. Still, the collateral consequences – such as increased insurance premiums – can have a lastin…
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16
Aug

Threats of Violence - Transitory Anger Defense

Threats of violence (what used to be called ‘terroristic threats’) is a catch-all, if you will, for serious threats and threatening behavior. For example, threats at a persons life falls within this charge. But, the mere mention of a thre…
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