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...
Fifth Grader Is Convicted in Murder Plot
You wouldn't think it, but it is possible for our young children to be convicted of crimes as serious as conspiracy to commit murder. This story is out of the state of Washington. An 11-year-old boy apparently was "annoyed" with his classmate and plotted to commit...
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...
The Difference Between DWI and DUI & Why it is Important for YOU to Know!
Do you know the difference between a DWI-DUI? Do you know what these acronyms stand for? Is one worse than the other? Let us start first by defining these terms. First there is "DUI" which stands for “Driving Under the Influence. All that is required to be convicted...
Do Not Try This In Court!
Some criminals believe they are invincible and Penelope Soto is no exception. After disrespecting the judge she was appearing before, her punishment increased greatly. Watch the video to find out how. Source: Yahoo! News
Oh No… I Have Been Drinking and I Got Pulled Over!
Kevin Sieben Law, LLC presents a PowerPoint video outlining procedures to follow when stopped for a DWI arrest. The best advice is don't drink and drive.
Power of The Prosecutor
The death of Internet activist Aaron Swartz has lead to a public discussion of the power prosecutors have over defendants. Swartz, famous for his role developing Reddit,a social news and entertainment website, recently died as a result of an apparent suicide....
Can you get a DWI on a Segway? Watch Kevin Sieben on WCCO-TV News.
MEDINA, Minn. (WCCO) – A Medina man pulled over for driving a Segway under the influence has beat those charges – again. In fact, the Minnesota Court of Appeals ruled Segways are exempt from DWI laws. Last February, police in Medina pulled over Mark Greenman on his...
Minnesota DWI Record Holder
Most people enjoy being record holders, but this record is not one to brag about. Danny Bettcher holds the record for the most DWI’s in Minnesota; 27. A little over one month after Bettcher had been released from prison, he went to a bar and drank. Both conditions...
Do I have to tell my work of my arrest?
After the initial shock of an arrest wears off, many questions begin running through your head. One question you might have is, “Do I have to tell my work about my arrest?” Generally the answer is no. However, if you have signed an employment contract with your work,...
Lindsay Lohan Arrested, Again!
After a night out on the town, Lindsay Lohan is once again in trouble with the law. Early this morning in New York City, Ms. Lohan was arrested on third degree assault charges after allegedly hitting a woman in a nightclub. The alleged victim did not appear to have...
Under 21 Drinking and Driving Laws
DUI’s are never a good thing but can be even worse for those under the age of 21. If you are under the age of 21 and are caught driving after drinking, you could be charged with two different types of offenses. If you are .07 or less, you most likely will be charged...