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In a recent episode of the Legal Insights podcast, criminal defense attorney Brandon Lauer, founder of The Law Office of Brandon Lauer, discusses how to get the best defense for a DWI charge in Roseville, MN.For more information please visit https://legalinsightspodcast.com/show/criminal-defense-podcast-with-attorney-brandon-lauer-roseville-mn/
When asked to comment, Lauer said, "One of the biggest problems I come across is that people don't understand their rights when facing DWI charges. They wind up handing the police a case by revealing too much information or submitting to roadside tests before it even reaches my desk.”
As part of a police stop, law enforcement might ask whether or not the driver has been drinking. According to Lauer, in the state of Minnesota, residents “do not have to incriminate themselves and have the absolute right to remain silent.”
“You don’t have to divulge that information to the police or give them their case for them. It starts with admitting that you've had a beer or two, and the next thing you know, they're asking you to stand on the side of the road to perform field sobriety tests,” he added.
Motorists who are pulled over are also not required to perform field sobriety or breathalyzer tests. Lauer was quick to add, “What a lot of people don’t realize is that they don’t have to take those tests, at least in the state of Minnesota. But they often do.”
When asked about which legal obligations motorists do have, Lauer replied, “The only legal obligation that one has in a scenario like this is upon arrest. Upon arrest, they’ll bring you to the station and - assuming they read you your proper rights - they’ll ask you to blow into a big box at the jailhouse. But you’re not obligated to give them their case on the side of the road.”
Lauer was quick to add that the driver must provide their license and proof of insurance when the police ask for it.
Refusing to take the roadside tests could result in arrest, however, the police won't have proof from the tests, meaning that the "onus is now on the state and government to prove that you were under the influence."
Another thing that Lauer says many people don't realize is that DWI charges can be contested legally.
When a DWI charge comes across his desk, Lauer said he attempts to determine “how he can throw the entire thing out.” The first thing he looks at is whether or not the police had a valid reason to pull the motorist over.
"There has to be reasonable suspicion of criminal activity – and sometimes all it takes is that you didn't stop for the stop sign or you didn't use your turn signal. But sometimes officers don't have a valid reason to pull you over," he said.
Lauer also challenges DWI charges by examining how the roadside tests were performed.
When asked to elaborate, he said, “The National Highway Traffic and Safety Administration publishes a specific guideline that cops are trained on how to administer these tests. And when they administer them wrong, one can undermine the conclusions that the officer came to.”
Source: http://RecommendedExperts.biz
Contact Info:
Name: Brandon Lauer
Email: Send Email
Organization: The Law Office of Brandon Lauer
Address: 2355 Highway 36 W, Ste 400, Roseville, MN 55113
Phone: (651) 337-9876
Website: https://www.brandonlauerlaw.com/
Source URL: http://RecommendedExperts.biz
Release ID: 88936221
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