If you’re in custody for a DWI, one thing you’re probably thinking is “How do I get out of jail?!” A judge can consider a number of factors before releasing you from custody. The court must set bail or impose conditions of release that you must follow while your case...
S|E DWI Blog #7 – Underage drinking & driving in Minnesota
Posted: September 18, 2015 Underage drinking is a nationwide problem that can lead to devastating consequences. According to the Mayo Clinic, underage drinking often leads to alcohol-related accidents, increased sexual activity, problems at school, alcoholism, and an...
S|E DWI Blog #6 – Limited Licenses
Posted: September 15, 2015 Commuting to work, dropping children off at school, and running errands are daily occurrences in most people's lives. Without a license, accomplishing these tasks can be incredibly difficult. Fortunately, there is an option for getting your...
S|E DWI Blog #5 – Minnesota Ignition Interlock Program
Posted: September 10, 2015 One of the consequences of getting a DWI is losing your driving privileges. Most people are drastically unprepared to lose their license. Daily obligations continue after a DWI; people still need to commute to work or drop children off at...
S|E DWI Blog #4 – DWI Defenses – A Primer
Posted: September 1, 2015 We'll continue our discussion of DWI defenses in this week's Sieben|Edmunds DWI Blog series. In our last blog post, we discussed the affirmative defense of necessity. The governor and legislature responded to Axelberg by permitting the...
S|E DWI Blog #3 – DWI Necessity Defense in License Revocation Challenges
Posted: August 25, 2015 The Sieben Edmunds DWI Blog Series is back at it again! In our third installment, we’ll talk about the DWI necessity defense. According to Black’s Law Dictionary, necessity is “a justification defense for a person who acts in an emergency that...
S|E DWI Blog #2 – DWI Vehicle Forfeiture Option for Innocent Owners
Posted: August 13, 2015 Welcome to the second installment of the Sieben Edmunds DWI Blog Series! We'll take a closer look at what an innocent owner, who did not commit a DWI offense, can do to get their vehicle back after it has been seized. The state is permitted to...
S|E DWI Blog #1 – Harsher DWI penalties went into effect on August 1, 2015
Posted: August 6, 2015 Welcome to the first installment of the Sieben Edmunds DWI Blog Series! We'll explore various aspects of DWI law in Minnesota in a series of weekly posts. Think twice before drinking and getting behind the wheel after August 1, 2015. The...
EDMUNDS NAMED BOARD CERTIFIED CRIMINAL LAW SPECIALIST
The Minnesota State Bar Association (MSBA) has announced that Samuel J. Edmunds has been named a MSBA Board Certified Criminal Law Specialist. This certification program is administered by the MSBA and approved by the State Board of Legal Certification. To become a...
DWI Blog Series – Part Five – The Limited License and Ignition Interlock
In 2012, the Minnesota Legislature increased the length of license revocations that accompany DWI charges. A few different factors can lead to an increased revocation period. They include: prior offenses, testing .16 or higher, child in the car, and refusal. A first...
Local Police Chief – DWI Charge
Even those we would least expect can pick up a DWI charge. Here, a local police chief faces DWI charges after recently undergoing a domestic violence prosecution. Apparently he planned to stay on the job after being convicted of a disorderly conduct, but now the DWI...
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...
Have a Safe and Happy Holidays
With the holiday season approaching quickly, we wanted to remind everyone to be safe and find a sober ride home. DWI patrols increase during the holiday season, and so do DWI arrests. With all the holiday parties over the next several weeks, you may well find yourself...
DWI Blog Series – Part Three – DWI License Revocations
Minnesota Statute mandates immediate driver’s license revocation in many DWI cases. When a person submits to and fails a Datamaster breath test, or refuses testing, the license revocation is virtually immediate. (a) Upon certification by the peace officer that...
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...
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...
DWI Life Sentence
With good legal representation, your first DWI usually can get you a $300 fine and some probation and classes. A second offense might yield a 30 day sentence. More priors, high alcohol readings, and test refusals can make the consequences much worse. In Minnesota,...
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...