Bird, Stevens & BorgenBird, Stevens & Borgen2024-02-20T00:14:19Zhttps://www.birdjacobsen.com/feed/atom/WordPress/wp-content/uploads/sites/1201563/2020/09/cropped-site-identity-icon-32x32.pngOn Behalf of Bird, Stevens & Borgen, P.C.https://www.birdjacobsen.com/?p=676282023-12-05T16:16:16Z2023-12-05T16:16:16Zelements of the Miranda Warning. Specifically, they know that officers must tell them about their right to remain silent and their right to legal representation.
However, because many people get their information about their Miranda rights from popular media, they may not really understand when the warning should go into effect.
When must a police officer advise someone of their Miranda rights?
The Miranda Warning should occur before questioning after an arrest
Someone generally needs to be in police custody for their Miranda rights to apply. Therefore, TV shows often show officers reciting the Miranda Warning when they put someone in handcuffs or place them in a police vehicle.
However, there is no rule that says that officers must notify someone of their Miranda rights at the time of their arrest. Instead, someone must be aware of their rights prior to questioning while in state custody. Officers don't need to inform someone about their rights if they talk to them before arresting them.
Similarly, if police officers arrest someone but do not intend to question them, they may never provide the Miranda Warning. For example, someone arrested for a Minnesota driving while intoxicated (DWI) offense may not need to speak to police officers at all. Their behavior in traffic, performance on field sobriety tests and chemical test results could be sufficient evidence for the state to bring a case against them. Therefore, officers may not provide the Miranda Warning during an arrest for a DWI offense.
If the officers do decide to question someone while they are in state custody, they must ensure that the individual is aware of their right to remain silent and their right to legal representation. This right is so important that police departments have to provide translating services to give the warning. The courts may throw out evidence obtained while questioning someone who is unaware of their Miranda rights.
Learning more about the rules that govern police conduct may help people understand if the state has violated their rights and given them cause to challenge any evidence related to their unlawful questioning.]]>On Behalf of Bird, Stevens & Borgen, P.C.https://www.birdjacobsen.com/?p=676252023-11-03T13:33:14Z2023-11-03T13:00:27ZKeep vehicles in safe condition
Vehicle maintenance is crucial for driver and passenger safety all through the year. However, a vehicle's performance will be of the utmost importance during the winter months. The proper maintenance of brakes and tires will be crucial for someone attempting to maintain traction in icy or snowy conditions. Newer windshield wiper blades and a properly-maintained heating system will also be important to preserve someone's ability to see their surroundings while driving.
Adapt driving habits for the weather
There are generally two safety tips that are of the utmost importance during the winter months. Drivers need to reduce their overall speed. Slower speeds are crucial for maintaining control of vehicles on slick roads. Drivers will also want to increase their following distance, as it may take longer to bring a vehicle to a complete stop when the roads are snowy or icy.
Adjust daily schedules
No one likes to wake up earlier for work, but that is exactly what drivers often need to do for optimal personal safety during the winter months in Minnesota. Getting off 10 or 15 minutes earlier will give someone an opportunity to leave earlier when road conditions are questionable. That extra time will keep people from feeling pressured to drive in the exact same way they do when road conditions are more favorable. Drivers will want to keep a close eye on others, as many people fail to change their habits when the roads are icy or snowy, and that failure can ultimately lead to people causing preventable collisions.
Finally, maintaining proper supplies in a vehicle, including clothing or blankets for warmth and flares to attract attention, can be crucial to someone's safety if they do get into a crash or end up sliding into a ditch. Having a plan in place can make a big difference for those facing dangerous road conditions during the winter months in Minnesota.]]>On Behalf of Bird, Stevens & Borgen, P.C.https://www.birdjacobsen.com/?p=676232023-09-28T14:33:33Z2023-10-03T13:00:29ZWhat does the data show?
Modern testing has made it easier than ever before for police officers to determine whether motorists have illegal drugs or prescription medications that can impair their judgment and/or response times in their systems. Yet an increased focus on drugged driving as a law enforcement priority may also mean that officers see signs of impairment when there really aren't any.
The number of motorists arrested for such infractions in recent years has increased precipitously. According to data provided by the state. Between 2013 and 2022, drugged driving arrests in Minnesota have increased significantly. From 2013 and 2017, there were 8,069 drugged driving arrests. There were 15,810 arrests for the same type of offense between 2018 and 2022. That's a 96% increase!
Researchers also noted that there has been an increase in drunk driving arrests as well. There are multiple factors likely contributing to that increase, including less social stigma around casual drug use, law enforcement priorities and an overall increase in riskier driving behaviors reported in recent years.
Ultimately, tracking trends in arrests can help people understand what the police may watch for more carefully in their communities and/or help them begin to develop solid a defense strategy after an arrest occurs.]]>On Behalf of Bird, Stevens & Borgen, P.C.https://www.birdjacobsen.com/?p=675982023-06-05T14:34:34Z2023-06-07T15:00:00Zimplementation of HF 100 involves how it will affect those who have already gotten arrested and convicted of a marijuana offense in Minnesota.
Many offenses will be eligible for record sealing
Individuals with any criminal record, including misdemeanor criminal offenses, have to worry about their prior mistakes showing up on a background check. Even a petty misdemeanor that only results in a citation will still turn up during a background check and could keep someone from getting rental housing, enrolling at a college or securing a job.
Thankfully, for many people with marijuana-related offenses, those limitations will largely disappear after the state implements the new law. The state will begin automatically expunging both petty misdemeanors and possession misdemeanors related to marijuana possession, provided that the offenses don't involve violence. Not only will the conviction records become unavailable, but even the state records of an arrest or dismissed charges related to marijuana will be eligible. People won't have to petition to remove these minor blemishes. The Minnesota Bureau of Criminal Apprehension will create a list of potentially eligible individuals and will then have to automatically seal their records.
"If the offense would not be illegal after August 1, 2023, the legislature wants to vacate those offenses to re-sentence folks and to expunge records," attorney Grant Borgen told KTTC News in Rochester. Borgen, who is a partner at Bird, Stevens & Borgen and head attorney at the Rochester Expungement Clinic, says "the goal is to provide people relief who have marijuana related convictions."
Discussing one's case with a criminal defense attorney could help someone with a prior or pending marijuana charge in Minnesota now that the law has changed.]]>On Behalf of Bird, Stevens & Borgen, P.C.https://www.birdjacobsen.com/?p=675962023-05-02T14:21:38Z2023-05-05T13:00:36ZWomen have worse outcomes after brain injuries
More than one study has looked into and validated the differences in the sexes when it comes to brain injuries. Women tend to report more headaches or worse headaches after a brain injury. They are also more likely to have mental health challenges like depression and anxiety than men with brain injuries. Long after the brain injury occurs, a woman will have a higher risk for dementia. This may have a link to the increased report of depression experienced among women with brain injuries, as depression increases the chances of dementia. Finally, they are more likely to report short-term memory issues.
Research has looked at populations of both veterans and civilians with brain injuries. Female veterans with brain injuries are more likely than their male counterparts to have trouble finding jobs or lifelong romantic partners even though they also typically have more education than male veterans. Factors ranging from daily responsibilities when recovering from an injury and the care that people receive from healthcare professionals, as well as the prevalence of men in medical research, may all help explain why women often have worse outcomes after incurring a TBI.
More challenges may necessitate more compensation
Women coming to terms with the consequences of a brain injury or family members trying to support someone with a TBI need to understand the amount of compensation and support someone requires if they hope to meet that individual's needs and prevent their household from incurring major losses because of the injury.
Learning more about the different challenges people with brain injuries face can help both those recovering from an injury and those caring for someone who can no longer live independently because of a brain injury to make more informed choices about their approach to their medical and legal needs alike.
]]>On Behalf of Bird, Stevens & Borgen, P.C.https://www.birdjacobsen.com/?p=675942023-04-14T17:14:14Z2023-04-14T17:00:21ZMost drunk driving arrests follow a fairly typical pattern of events: a person is driving their car, a police officer pulls them over for some perceived traffic violation, the police officer suspects the person has been drinking alcohol, and the person subsequently fails field sobriety tests or a breath test. However, there is another type of DWI in Minnesota that's a little less common and harder to comprehend. In Minnesota, you don't actually need to be driving to be charged with a DWI. A person can, in fact, be charged with DWI for being in physical control of a motor vehicle. Physical control does not require actual operation of a motor vehicle and can include merely sitting in a car with the keys somewhere nearby (even keys that have been thrown off into the ditch). Here are some things you should know about physical control DWI in Minnesota.
Sleeping it off
What sometimes happens is that people will have driven to a location where they consumed alcohol, whether it’s a bar or a social gathering at a friend’s house. At the end of the night, they go out to their car to drive home and realize that they are probably over the legal limit and shouldn’t drive. So they decide that they’re just going to sleep it off in the car.But if you’re sitting in the front seat of the car, with the keys in your hand – or anywhere near you – you could be legally in "physical control" of that vehicle. The car doesn’t have to be in motion.
This can be more difficult to prove
Physical control DWI cases often get complicated. Essentially, the court is trying to look at whether or not you had the opportunity to take control of the vehicle. If you did, that can still count as being in control, even if you weren’t driving at the time that the police found you. Some factors that the court may consider include:
Where the keys were located
Which seat you were sitting in
Where the car was situated
If the vehicle was operable
The reason for this is that the police don’t want to give people an out if they pull off to the side of the road while driving drunk and pass out. That person could then claim they weren’t actually driving, even though they were found with the keys in the ignition and clearly had been driving before.But the problem that this creates is that someone who is trying to do the right thing – such as sleeping it off in their driveway before going on the road – could still be arrested. Your intent may have been to be safe, but you’re still in control of the vehicle and could face legal charges.As noted, these are often complex cases, so it’s very important to understand all of the legal options you have at this time for your defense. Experienced legal guidance can help you learn more. ]]>On Behalf of Bird, Stevens & Borgen, P.C.https://www.birdjacobsen.com/?p=675552023-01-12T16:11:14Z2023-01-12T16:00:17ZNational Transportation Safety Board took this concept one step further in announcing its desire to seek the mandated inclusion of alcohol testing systems in all new vehicles. If this plan moves forward, within just a few years every new vehicle purchased in the United States may have an integrated chemical testing system. Is it reasonable to demand chemical testing from all drivers?
Testing all drivers is an unfair burden
There are many reasons why the government mandating that those who have never gotten convicted of a crime consistently performed chemical breath tests is problematic, to say the least. There are many drivers for whom routine breath testing could be a problem, including those who have medical conditions like diabetes or those who follow certain diets. A false positive on a test might mean that someone can't get their vehicle to start so that they can get to work on time.
The possible negative impact of the testing systems on innocent people is, on its own, a compelling argument against this policy. Chemical breath testing can also be expensive. Anyone who has a prior DWI on their record and who has had to install an IID in their vehicle as part of regaining driving privileges can tell you that it is not cheap to install or maintain such devices.
Although there may not be an installation fee if the vehicle comes from the manufacturer with a built-in system, there would still be maintenance costs. Chemical testing systems require frequent calibration if they are to produce accurate results, and such calibration requires regular appointments.
Not only will the appointments themselves be a frequent inconvenience for all drivers, but they would be an additional source of expense that could devastate members of the working class who need independent transportation and can barely afford insurance as it is.
Although the intent to deter criminal activity and keep the public safer is to some degree admirable, a federal agency suggesting that they inconvenience everyone and add hundreds of dollars to their annual transportation budgets is unrealistic and unfair. Tracking proposed changes to policy and law can help those who want to avoid or fight back against DWI charges in Minnesota.]]>On Behalf of Bird, Stevens & Borgen, P.C.https://www.birdjacobsen.com/?p=675502022-12-13T14:48:33Z2022-12-13T14:00:23ZIt protects you from misconduct while in police custody
Although the Miranda Warning is not technically a constitutional right on its own, it has its basis in your Fifth Amendment rights. Police officers that place you under arrest and want to question you must advise you of your rights under the Fifth and Sixth amendments.
These include your right to remain silent so you don't implicate yourself and your right to an attorney. If officers don't advise you of those rights and then question you, your lawyer may be able to challenge the statements that you made to the police and prevent the prosecutor from presenting them in criminal court.
It can excuse you from discussing matters in court
Whether you are in civil court responding to a lawsuit and worry that a question might have criminal implications or you are in the middle of cross-examination by a prosecutor while defending yourself against charges, what you say on the stand could eventually lead to additional legal issues for you.
You have the right to avoid answering questions regardless of whether they come from a prosecutor or someone else's lawyer if the answers to those questions might in some way implicate you in criminal activity. The Fifth Amendment is one of the reasons why defense attorneys can feel comfortable letting people testify in their own defense because the prosecutor cannot force them to make statements that would severely damage their case.
Learning more about your basic rights, including the protection of the Fifth Amendment, can help you better handle pending criminal charges in Minnesota.]]>On Behalf of Bird, Stevens & Borgen, P.C.https://www.birdjacobsen.com/?p=675302022-11-04T20:44:52Z2022-11-08T15:00:07ZWhat does the research show about the risk on rural roads?
Researchers routinely look at collision statistics to try to identify patterns. Persistent patterns can lead to changes in safety features in vehicles, traffic laws and road design.
Research and data from recent years shows that fatal crashes occur on rural roads far more than most people realize. According to an analysis of collision records, 85,002 people died between 2016 and 2020 in wrecks that occurred on rural roads. These rural roads are the site of many fatal wrecks.
Why are rural roads so dangerous?
There are many reasons that roads outside of urban centers tend to see more videos despite the area having a lower population density. First and foremost, the speed limit is higher in most rural areas, meaning that the severity of the crash is likely to be worse. People often exceed the speed limit by a significant amount because they assume there won't be any police patrols.
Secondly, the rural location will make the road more attractive to those under the influence and hoping to avoid law enforcement officers. Finally, a lack of illumination or street signs might contribute to collisions because of how drivers handle themselves.
Knowing the risk leads to better choices
Obviously, you can't completely avoid traveling on rural roads, even if they are the site of many fatal collisions every year. Instead, a smarter approach is to recognize the possible risk and be more proactive about protecting yourself.
Using defensive driving techniques can help, as can avoiding rural roads late at night when the lack of light or the possibility of drunk drivers might negatively affect your safety. Understanding research about motor vehicle crash trends can also help you avoid becoming a crash statistic yourself.]]>On Behalf of Bird, Stevens & Borgen, P.C.https://www.birdjacobsen.com/?p=674952022-09-21T14:33:37Z2022-09-21T13:00:46ZWho was in the vehicle with the student driver?
When looking at who is financially responsible for a Minnesota car crash caused by a student driver, you need to look at the circumstances. If the teenager was getting in practice hours with their parents, then the parent's insurance policy will likely apply to the crash. The parent may also have civil liability for expenses that exceed what insurance will cover.
However, if the student was in a vehicle as part of a certified driver's education course, then it may be the instructor or the driving school that will provide the insurance coverage for anyone hurt in a car crash that the student driver causes.
Are there scenarios where the teenager is ultimately responsible?
There is one situation in which the teen driver rather than their driver's education school or parents will be responsible for the costs caused by a collision.
If a young driver sneaks out without parental consent and gets behind the wheel without anyone else's knowledge, they may ultimately be to blame for their own mistakes, rather than their parent's insurance. Still, parents could be liable in such scenarios if there is a history of substance abuse, criminal activity or mental health issues in the young driver that they should have addressed or accounted for in their parenting practices.
Identifying who is actually liable for car crash costs will help those affected by a collision caused by a student driver in Minnesota.]]>