Domestic Violence – Are We Asking the Right Question?

After the recent release of a video showing former NFL running back Ray Rice hitting Janay Palmer, his then fiancé, I feel it is an important time to have some real dialogue about domestic violence.  The Minnesota Coalition for Battered Women reports that at least 38 people were killed from domestic violence in 2013.  Of […]

Kevin Sieben and Sam Edmunds appear on WCCO's "Good Question"

MINNEAPOLIS (WCCO) – Lawyers for Byron Smith, the Little Falls man accused of killing two teenagers in his home on Thanksgiving 2012, have now asked for a mistrial twice. On Tuesday, the attorneys argued statements made by the prosecutor before the trial began were prejudicial. On Wednesday, Smith’s layers said they hadn’t seen all of […]

DWI Blog Series – Part Four – Motor Vehicle Forfeitures

Minnesota statutes allow the government to forfeit, or take title to, your vehicle if you commit particular types of DWI offenses. Minnesota Statutes Chapter 169A.63 sets out the types of offenses that qualify for vehicle forfeiture. Contrary to popular belief, your vehicle can be forfeited in cases other than when you have two qualifying prior […]

DWI Blog Series – Part Two – Minimum DWI Sentences

The Minnesota legislature has enacted laws that call for minimum DWI sentences in certain circumstances. Many prosecutors and judges take the viewpoint that the statutory minimum sentences are mandatory. It is the job of the DWI defense attorney to convince the prosecutors and courts to deviate from the minimum sentences and to give them a […]

DWI Blog Series – Part One – DWI Implied Consent

Welcome to the first installment of the Sieben Edmunds DWI Blog Series. This series will provide a basic overview of DWI law in Minnesota and then later we’ll get into some of the more specific and complicated aspects of DWI criminal defense.   Minnesota’s DWI laws are two-pronged. The county or city prosecutor will charge […]

Dakota County First Degree Burglary Case Dismissed

We just received an order from the Dakota County court dismissing all charges against our client in a First Degree Burglary case. Our client was charged with aiding and abetting an alleged burglary despite the fact that he didn’t participate in the crime in any way. We challenged the case on probable cause grounds arguing that the […]

The Lawnmower and the DWI

It’s always good to remember that “motor vehicle” is defined very broadly for purposes of the DWI/DUI laws. Here is an example of a guy that thought it would be a good idea to make a beer run on his lawnmower. I suppose he thought better of it after his encounter with the local police. […]

Brooks Decision Announced

The Minnesota Supreme Court released its decision in State v. Brooks today at 10:00 a.m. We’re reading and absorbing the decision as I write, but at first blush it appears that the Court has upheld all consensual alcohol testing in DWI cases. Check out the decision here. Our guess is that this will not be […]

Will Your DWI Alcohol Test Be Thrown Out? – McNeely & Brooks

DWI law in Minnesota is truly up in the air. On April 17, 2013, the United States Supreme Court issued its decision in Missouri v. McNeely and its impact is being felt all across the country, especially in Minnesota. The Court held that law enforcement had violated McNeely’s Constitutional rights by forcing a blood draw […]