Category Archives: DUI Defense

“I just paid a fine and did some classes. I didn’t plead guilty”

I have received a number of inquires by clients who use the phrase, “I just paid a fine and did some classes. I didn’t plead guilty.”  This incorrect statement often leads to future trouble.  In the DUI context, people without lawyers walk into court, sign a waiver of counsel and plead guilty.  He/she thinks after [...]

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Minnesota man convicted of DUI while sleeping in his car despite it being inoperable

“Actual physical control” is legal term that is highly litigated in DUI law which the prosecution must prove beyond a reasonable doubt to sustain a DUI conviction.
The Newspaper.com reports in January 2010, the Minnesota Supreme Court affirmed the conviction of a man who was found asleep in his vehicle in his apartment complex. This [...]

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Alcohol Found in Everday Items and Why That Could Matter

People generally attach to numbers when they hear them.  For example, Julia Roberts makes $20 million dollars per film.  No one considers how much she actually puts in her pocket after taxes, agent fees, paying a publicist, etc.  Without the exact numbers, she probably pockets 8 to 9 million dollars per film which is a [...]

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Is walking home intoxicated more dangerous than driving home intoxicated?

People often hear that if they are too drunk they should either catch a ride or if close to enough to home, then walk home.  Makes sense? Maybe not. I am currently reading Superfreakonomics by Levitt & Dubner.  This is the follow up to their best selling book Freakonomics.  Levitt, an economist by trade, examines [...]

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Montana Appellate Court Reverses DUI Conviction based on Bar Fight Evidence Excluded

There are a few defenses to DUI that don’t get used too often and “compulsion” is one of them. A Montana statute allows someone to break the law to avoid serious harm or death.  A woman raised the defense of compulsion to avoid serious harm or death from a bar fight after being charged with [...]

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