It’s embarrassing. Back in college you got a minor consumption ticket which has haunted you in graduate school or when you applied for that job you really wanted. It’s wrecking your career. Years ago you were down on your luck and you got caught shoplifting some...
What if Adrian Peterson was charged in Minnesota?
NFL running back Adrian Peterson was recently indicted on child abuse charges in the state of Texas. Much of the surrounding conversation has centered on the morality of corporal punishment and the amount of discretion parents should or should not have in disciplining...
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...
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...
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...
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 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...
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...
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...
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...
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...
Enhanced DWI Charging
Most first time DWI offenses in Minnesota are misdemeanors. The crime is called Fourth Degree DWI. The maximum penalty for a misdemeanor Fourth Degree DWI is 90 days in local jail and a $1,000 fine, just like all misdemeanors. However, many DWI crimes are charged out...
DWI Vehicle Forfeitures
Today let's talk about motor vehicle forfeitures in DWI cases. 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...