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What are My Rights in a DWI Minnesota, and What Responsibilities do I Carry?
When you're charged with a DWI in Minnesota, you may think that you don't have many options. And while the penalties for a DWI in Minnesota may be harsh, you do still have some rights and aren't just a third party in the case, nor should you be treated like one. But, before you know what your rights are in a DWI Minnesota, you should also know what your responsibilities are.
The state of Minnesota states that any driver of a vehicle is giving implied consent. This means that any driver who gets behind the wheel, is automatically agreeing to blood alcohol testing should a police officer require it. Many people aren't aware of this law and so, the police officer at the scene is required to give some form of implied consent advisory or warning. This warning will let you know what the consequences are for not submitting to a blood alcohol test and usually, these consequences are an immediate revocation of your license. However, it's not only this law that many drivers are unaware of. Many drivers also mistakenly think that when they've been pulled over or charged with a DWI, they have no rights. But if you're in Minnesota, you definitely have rights in a DWI, and you should be fully aware of them.
Hiring a good attorney who's fully versed in your rights in a DWI in Minnesota will help you in your rights in a DWI in Minnesota. These attorneys know just what your rights are exactly, and they'll help you protect them. And the right to a Minnesota implied consent advisory is just the beginning. The first right you have after being arrested for a DWI is to be read your Miranda rights. If you are not read your Miranda rights, it will most likely not get your case dismissed, but any statements you made prior to being read your rights will not be able to be held against you in court.
In Minnesota, you also have the right to fair sample collection, fair officer procedures, and a fair trial. The blood, urine, or other sample that was taken to prove that you were intoxicated while driving must be taken lawfully, and it must be taken correctly. Things like passing gas through your mouth or vomiting just prior to the test may cause alcohol that was consumed beforehand to be present in your stomach, and not your lungs. If this is the case, it could result in the test sample being thrown out. Also, the test sample must be labeled and stored correctly before court.
If your license is suspended after conviction, and it most likely will be, you have the right to challenge the suspension in order to get your license back. And if you need your license for work or school, there are also rights that can get you a limited license. It's true that while you may be facing severe consequences, there are also many rights you have in a DWI Minnesota. And hiring a lawyer will help you be aware of them.
About the Author
Doug V. Hazelton is an experienced DUI Defense Attorney, who for has successfully handled hundreds of criminals cases. He is a member of Hennepin County and Minnesota Bar associations. Attorney Hazelton is a graduate of the National College for DUI Defense conducted at Harvard Law School. He is a contributing editor for the Minnesota DWI Deskbook and he is slated to publish the 2008 Thomson West DWI Law Practice Book. Douglas V. Hazelton dvhazelton@aol.com 612-334-3342 www.dwi-minnesota.com
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Driver Education: Tips For Parents And Driving Instructors
Not surprisingly, teen drivers are at a greater risk for accidents on the road. Charge it to inexperience, lack of study or plain carelessness --- the common teen driving mistakes are what parents and instructors should focus on when they teach.
Here's a list of common teen driving mistakes, and how to potentially avoid them:
They don't wear safety belts. Now a standard when building cars, over 170 million vehicles on the road have them --- so why do teen drivers still forget to strap on their safety belts? One of the worst teen driving mistake is assuming they are invincible while driving. Safety belts, coupled with air safety bags lessen the risk of accidents being fatal. Be the example --- get them used to strapping up before even starting the car. Ask them nicely to do the same. Also, it's the law.
They panic or over-correct in emergency situations. When teen drivers face something new to them on the road, their first instinct is to step on the brakes. Hard. Thankfully, anti-lock braking mechanisms help prevent skidding. Another is when a car loses control, say, while driving in rain-soaked streets, they tend to oversteer/over-correct, which only throws the car even more out-of-control. Teach them that sometimes, it is better to speed up a notch to avoid collision. Then gradually slow down after.
They drink and drive. A common teen driving mistake: they think that "don't drink and drive" means a bottle of alcohol won't hurt. Some states have zero tolerance for this kind of behavior --- even if they don't meet the state limit, they might find themselves spending the night in jail, with a lot of financial trouble to wake up to. Fortunately, various groups have, for years, been advocating the seriousness of this message.
They drive too fast for conditions. A common teen driving mistake is not being able to gauge the situation of the road before hitting the gas. Sometimes, they assume that cars are built for any kind of weather --- that it can cut through ice and have electronic stability controls take care of the rest. Have them drive 5mph slower --- in any kind of condition. It gets them where they have to go in almost the same amount of time, minus the risk of accidents.
They ride with other teens. Not that we have anything against teen drivers having friends, but seriously, other teens present in the car, more than texting, is a lethal teen driving mistake. Distracted driving follows DUI/DWIs as the leading cause for teen driving accidents. Teach them to focus on the road, and only on the road when driving.
The only way to avoid the common teen driving mistakes is to be the best example/teacher when it comes to driving. Consider reviewing a driver education guide specifically created for the parents teaching their teen to drive. Have them understand that driving is a privilege that carries a lot of responsibility. Let them become the best, confident and competent drivers on the road by starting early.
About the Author
The National Safety Commission can be found online at http://www.NationalSafetyCommission.com. TNSC works to increase awareness of important safety issues, particularly those that deal with highway and traffic safety information. Our mission is to make consumers more vigilant and understand that "safety is no accident," through education, quality traffic school online courses and outreach programs. Through our traffic safety blogs we promote defensive driving techniques, driver training and safety.