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Experience |
DWI - ALCOHOL AND DRUG RELATED TRAFFIC OFFENSES
A DWI in the State of Minnesota is a serious crime that requires an
aggressive and knowledgeable defense. Many judges will place even a
first-time offender in jail. There are increased penalties for repeat
offenders and even first-time offenders who test .20 or more or who have
a child under 16 in the vehicle. There are tough, mandatory jail terms
even for persons convicted on a Second DWI. Starting August 1,
2002, a Fourth DWI in Ten Years is a felony with a mandatory three year
prison term. Furthermore, on August 1, 2005, the per se DWI alcohol
concentration was reduced from .10 to .08. There are additional penalties to one’s driver’s
license, motor vehicle license impoundment, higher insurance rates, and
in many cases forfeiture of your automobile. In hiring a lawyer to
defend your DWI case you should learn what that lawyer really plans to
do to try to limit or eliminate these penalties. You should ask the
following three questions: Does your fee include challenging the license revocation in
court? That means an implied consent case started with a Petition for
Judicial Review. Will you bill me more if you have to do "extra" work;
i.e., researching legal issues, writing legal memoranda, arguing
motions, rejecting unacceptable offers from prosecutors and judges and
making additional court appearances, or even trying the case in a jury
trial?
First, if you have a problem, find out right away and start addressing it. This will help to avoid a "surprise" in the probation office. Moreover, if you take the initiative it is less likely that you will end up in a program that you dislike. The program that you choose is more likely to be compatible with you rather than a program the court chooses for you. Finally, persons who successfully address their problems usually get better results in court than those who wait to be forced into the program of the court’s choice. One should not find it surprising that those who take responsibility for their actions by seeking treatment will benefit over those who are less responsible. Second, if you do not believe that you have a problem, get assessed before going to court and arrive at court prepared with documentation of the absence of a problem. Generally, most first-time offenders and even many second-time offenders are not required to go to treatment. If the assessment finds a problem and you disagree with the assessment, you can call me back and tell me what a "bad assessment" it is and tell me to rip it up. I’ll probably have a little heart-to-heart talk with you first, but in the end I am ethically required not to disclose it. Now, compare that to going to court unprepared, getting assessed by the probation department and disagreeing with them, i.e., "Hey judge, who is this jerk you sent me to, he doesn’t know what he’s talking about - I don’t have a problem (or I’ll lose my job if I have to go to inpatient treatment . . .) - Judge just rip up that assessment." Good luck! So much for self-representation in a DWI case.
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