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Sunday, December 23, 2012

Can I Get a DWI While Parked in My Driveway?

Yes, this is what is called a physical control case. If you were under the influence of alcohol or tested above the legal limit, and in a position to start the engine and operate the vehicle, you can be charged and convicted of a DWI. It doesn't matter that you never intended to start the car and drive off down th street, it only matters under the law that you had the ability to do so. If you are in the driver's seat and the key is in the ignition,  you still have the ability endanger the public by driving under the influence of alcohol. The DWI laws are designed to favor protecting public safety at the expense of personal liberty.

Wednesday, December 19, 2012

What to Do When There is a Warrant for Your Arrest

When you first find out that a warrant has been issued for your arrest, you become scared and don't know what to do. The police have been coming over to your house or apartment, knocking on the door and asking questions. What steps should you take? The first step is to meet and retain an experienced Minnesota criminal defense attorney before you are arrested. You do not want to be arrested first and then have no lawyer present in court the next morning when you are marched in front of a judge in handcuffs wearing an orange jumpsuit. By meeting with the lawyer first, valuable information can be obtained from you to use in making a successful argument to the judge for a reduced bail or for your release without bail.

If you or someone you know has an outstanding arrest warrant, call criminal defense attorney Robert J. Shane at (612) 339-1024 for a free phone consultation or visit his website at for more information on criminal defense techniques and tactics.

Tuesday, December 4, 2012

Will I be Required to Submit to Drug Testing at My First Court Appearance?

If you have been charged with a controlled substance offense and are making your first court appearance, the judge may order as a condition of your release that there be no use or possession of drugs and that you submit to random drug testing. You would be required by probation to submit to random urinalysis to determine if there is a detectable amount of controlled substance in your system. If you have been consuming drugs prior to taking the initial urinalysis, do not be concerned. The order only prohibits the consumption of controlled substances subsequent to the date of the order. If your random urinalysis test is positive for marijuana, for example, a baseline number will be established for future reference. You will not be detained as a result of a positive test. If subsequent drug testing shows that the baseline number is increasing, instead of decreasing, the test result will indicate to a probation officer and to the court that you have been using drugs in violation of the conditional release order. The judge would then have the option of issuing a warrant for your arrest for violating a condition of your relase or of addressing the issue at your next court appearance.

If you are concerned about violating the no use condition, you have the option of requesting that the court set bail in an amount without any conditions attached. The bail amount will be set  higher than a conditional release bail, but would not require you to submit to random drug testing and also avoids the risk of violating a condition of your release.

If you or someone you know has been charged with a controlled substance crime, contact drug defense attorney Robert J. Shane for a free initial phone consultation at (612) 339-1024 or visit his website for more information and narcotics defenses at