16
Dec

GERD Defense to DWI Charges

DWI
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…
Read More
17
Nov

Underage Drinking and Driving

Criminal Charges, DWI, Traffic Violation
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…
Read More
17
Nov

DWI Expungement - Court of Appeals Decision

DWI, Expungement
A frustrating trend had emerged in Hennepin County with its handling of DWI expungements. It was becoming quite clear that obtaining an expungement of a DWI record was going to be nearly impossible. Other counties throughout the State give DWI expung…
Read More
7
Nov

Texting and Driving Crimes

In the Media, Traffic Violation
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…
Read More
23
Sep

Falsely Reporting a Crime Charge in Minnesota

Criminal Charges, Gross Misdemeanors / Misdemeanors
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…
Read More
12
Sep

Search Warrant Requirements

Constitutional Rights
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…
Read More
11
Sep

Cell Phone Evidence - The Basics

Constitutional Rights
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…
Read More
9
Sep

Expungement Appeal - Standards of Review

Case Law Updates, Expungement
With the Supreme Court set to hear the big appeal on the stay of imposition issue as it relates to expungements this coming October, let’s review the applicable standards of review the Court should employ in an expungement appeal. The decision…
Read More
31
Aug

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

Case Law Updates
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…
Read More
24
Aug

Texting and Driving Ticket - Minnesota

Traffic Violation
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…
Read More
1 … 15 16 17 … 23 Last »