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...
New Expungement Law Benefits #2-3: Follow Up and Legal Remedy
Prior to the new law, if you received an expungement order, the law enforcement agencies had 60 days to comply. They didn’t have to tell the court they did it, and they certainly didn’t have to tell you that they completed the action. Now, under the new law, you can...
New Expungement Law Benefit #1: No Petition
The current law requires that you file a lengthy petition which includes all your previous addresses, a statement about why you are requesting an expungement, and many more details about the offense or offenses you are trying to expunge. (For the complete list of...
Get Your Life Back.
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...