The Interlock Device: How Minnesotans convicted of a DWI can gain back their license sooner

June 30th, 2011

Minnesotans convicted of Driving While Impaired (DWI) that have canceled or revoked licenses are given an opportunity to regain their driving privileges sooner by participating in the Minnesota Interlock Program administered through the Minnesota Department of Public Safety Driver and Vehicle Services.  Through the Minnesota Interlock Program, a DWI offender can apply to have an interlock device installed in their car which allows them to drive as long as they pass a breathalyzer test before starting the car.

The Interlock Device is the size of a cell phone and that prevents the vehicle from starting if it detects a .02 blood alcohol level after the driver blows into its tube.  The device also calls for periodic retests after the initial test.

The requirements for driving with the Interlock Device depend on the severity of the DWI conviction.  A first time DWI offender will lose their license for 3 months and can either drive with a limited license called a work permit after 15 days or can have unlimited driving privileges if they use the Interlock Device for one year.  For more serious DWI offenses, the work permit is not available so the only means of driving after revocation is by using the Interlock Device.  Often more severe DWI offenses allow only limited driving privileges with the device for one year followed by unlimited privileges with the device for two years.

Although the Interlock Device allows for earlier driving privileges, violating the Interlock Program results in even longer license suspensions.  Violations include: tampering with the device, operating another vehicle without a device, bypassing the device and having an alcohol-concentration of .02 or more.  A first time violator will have their revocation period extended for 180 days, one year for a second time violator and 545 days for any subsequent violation. Beyond the extended revocation periods, it is a misdemeanor to bypass the device, drive an unauthorized vehicle and/or tamper with the device.

While some see the devices as a necessary tool to create safer roads, others suggest that those who are determined to drive despite a high BAC will most likely find a way to do so, making the new law somewhat useless. Others complain about the 0.02 BAC limit that the devices measure for. Arguing that most people are not too impaired to drive after one drink.

Whether or not you agree with Minnesota’s Interlock Program, it is just one of the many things a person might deal with after a DWI conviction.  Being charged with a DWI is followed by a tough and confusing legal process, especially when it comes to driving privileges.  If you or someone you know has been charged with a DWI, you want to know your options and your rights.  That is why is it important to have a skilled and experienced criminal defense attorney on your side when navigating this tough legal process.  If you are looking for someone with several years of experience and success with DWI cases, then contact attorney, Patrick Cotter.  He will advocate on your behalf while helping you understand your rights and options every step of the way.  Call today for a free consultation: 612-436-3050 (office), 651-214-8624 (cell).

Filed under: Criminal Defense,Drunk Driving (DUI),Fleeing Police,Police Searches,Uncategorized — @ 12:00 am

MnCoSA: Giving Sex Offenders in Minnesota a Second Chance

June 3rd, 2011

Minnesota circles of support and accountability known as MnCoSA is a program run through the Minnesota Department of Corrections.  This program is offered to support people convicted of sexual offenses as they re-enter the community so they can live responsible, productive lives.

People convicted of sexual offenses suffer stigmatization from their communities that can make it very hard to re-integrate back into society.  There are many hurdles to overcome, such as the difficulty finding housing, and employment.  Sexual offenders are often made to feel like outcasts and are shunned rather than embraced by society.  This shunning and stigmatization can lead to isolation and a return to offending patterns.

For the above reasons the Minnesota Department of Corrections has implemented their MnCoSA program to help reintegrate sexual offenders back into society.  These circles consist of offenders and community volunteers that provide support as well as accountability to help embrace offenders into society rather than isolating them which can lead to re-offending.  Circles meet regularly to provide support to the Core Member as he/she begins to lead a responsible, productive, and accountable life while working on reintegration to the community – finding housing, employment, transportation, medical assistance, mental/chemical health appointments, acceptance, etc.

If you or someone you know has been charged with any form of criminal sexual conduct such as rape, molestation, or any sexual predatory offense, you need a skilled and experienced criminal defense attorney.  Attorney Patrick Cotter has years of experience successfully defending those charged with sexual offenses and will be your advocate during this tough process.  If you live in the greater Twin Cities area contact Patrick today for your free consultation 612-436-3050 (cell), 651-214-8624 (office).

Filed under: Child Pornography,Criminal Defense,Criminal Sexual Conduct,Uncategorized — @ 9:03 pm

Minnesota Self Defense: Know your Rights!

April 26th, 2011

In the state of Minnesota you have the right to defend yourself.  If you have been charged with assault, or even murder, but it was in self defense, you can be found not guilty if you meet certain factors.  Generally, in Minnesota you can use force to defend yourself, your home, or others, but the degree of force which may be used depends upon the circumstances. In order to claim self defense, you cannot have been the aggressor, you must have a reasonable belief that there is actual and immediate danger of death or great bodily harm, or a felony crime, and the actions you take to defend yourself must appear necessary.

Furthermore, it is important to know that the state of Minnesota has a “duty to retreat” in its self defense laws.  This means that if you are faced with a threat of danger you must first attempt to retreat.  Only when you are unable to retreat or otherwise avoid the danger can you use reasonable force to defend yourself. To claim self defense, you must use only reasonable force and you must have a reasonable belief of danger. This test for reasonableness is not based on what might have happened, but what actually did happened.

It is important to know your rights!  You do have the right to defend yourself under Minnesota Law.  If you have been charged with a crime, but were acting in self defense, you need a skilled and experienced criminal defense attorney on your side to help in your defense. Attorney Patrick Cotter knows what it takes to succeed in the Minnesota State and Federal Criminal Courts and he would be happy to give you a free consultation.

Filed under: Assault,Criminal Defense,Self Defense,Uncategorized — @ 2:38 am

Bong Water Possession More Serious than Drug Possession?

April 4th, 2011

In the landmark case, Minnesota v. Peck, the Minnesota Supreme Court ruled that bong water was a drug mixture that supports a criminal conviction for a first degree controlled substance crime.  This crime is the most serious drug felony crime in Minnesota, with a maximum penalty of 30 years in prison for a first offense.

Minnesota laws are designed to make possessing greater quantities of drugs a more serious crime than possessing smaller amounts. But, this case makes any amount of a drug dissolved in water a “mixture” containing that drug that can be weighed to support a harsher penalty than the drug alone.  For example:  if a person possessed one-tenth of a gram of methamphetamine, they could be charged with a Fifth Degree Controlled Substance crime.  But, under State v. Peck, that same amount dissolved in 26 grams of water becomes a First Degree Controlled Substance Crime.  So, adding a drug to water gives you five times the sentence.

In the case of marijuana, an amount of pot less than 42.5 grams is normally a non-criminal amount. But, that same amount smoked through a bong could give police and the government the right to charge a felony drug crime with possible prison time – not for the marijuana, but for the bong water.  Water is heavy, heavier than drugs. Drug crimes are based on weight, and even though water is not defined as an illegal drug if it contains a trace amount of an illegal drug it can be weighed as a “drug mixture” to support a harsher conviction.

Not only does State v. Peck defeat the legislative purpose of treating larger quantities of drugs more harshly; it just makes no sense.  If the government wants to charge a more serious drug crime- what can they do? Just add water!

If you or someone you know has been charged with a drug crime they need a skilled and experienced criminal defense attorney to help them defend against these confusing and often absurd drug laws.  Attorney Patrick Cotter has years of experience navigating Minnesota’s legal system and has successfully defended numerous drug cases.  If you want a skilled and experienced criminal defense attorney on your side call Cotter Law Office ( 612-436-3050 office, 651-214-8624 cell), for your free initial consultation.

Filed under: Criminal Defense,Drug Crimes,Police Searches — @ 2:39 pm

Know Your Rights – When can Police Officer Question You During a Traffic Stop?

March 28th, 2011

The Minnesota Court of Appeals recently ruled on the level of suspicion necessary for a police officer to ask for identification from passengers in a car during a traffic stop. The court held that although the sheriff’s deputy didn’t have the suspicion necessary to justify his request for identification from passengers in a vehicle, the drug-task-force agent did.  The court reasoned that if more than one officer is involved in an investigation, the officer who conducts the search or seizure is considered to have the same knowledge as the other officers as long as the officers have some degree of communication between them.

In this case from Mille Lacs County, the drug task force agent had knowledge of a tip from a known informant and of a passenger’s outstanding felony warrants. The court said this knowledge could be relied on to support the expansion of the traffic stop by the other officer because the search was supported by probable cause. 

If you or someone you know was subject to a search or stopped by a police officer and it resulted in an arrest you probably need help understanding your rights.  Whether you are charged with assault, DWI, criminal sexual conduct, or any other crime, you need a skilled and experience criminal defense attorney on your side. Contact Cotter Law Office free consultation.  Attorney Patrick Cotter will protect your rights and help you navigate through this tough process.

Filed under: Uncategorized — @ 2:39 pm
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