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Minneapolis Criminal Defense Law Blog

Michael Floyd claims he got drunk off kombucha tea

One thing you may not think could make you fail a Breathalyzer test is tea. Unless it contains alcohol, it's unlikely that tea would cause you to fail the test. Despite that, it could be possible in the right circumstances, and that's what Michael Floyd is claiming happened in his case. The catch is that the tea did actually contain alcohol, but the amount was so minimal that his intoxication seems unlikely.

The Minnesota Viking claims that he failed three self-administered Breathalyzer tests as a result of drinking bottles of Kombucha tea. He had been watching movies with Kyle Rudolph, a tight end for the Vikings, prior to the tests. While drinking alcohol is a violation of Floyd's probationary period and he could be sent to prison for prior alcohol-related offenses, the Vikings chief operating officer (COO) defended the man. He claims that Michael Floyd did not know the Kombucha had alcohol in it.

Sometimes, trespassing is legal due to necessity

You were crossing a yard while searching for your pet. The owner of the home came out and told you to get off the land. You refused, because you needed to get your dog back home safely. Now, you are at home and facing an officer who says you've been reported for trespassing.

Did you really trespass in this situation, and should you be held liable?

You can fight drug conviction charges to clear your name

Minnesota does give the option of alternative penalties following a drug conviction. The drug court's aim is to reduce the rate of re-offenses, which means that helping those who are struggling with drug abuse is more important than imprisoning them. Those convicted of low-level drug offenses may be able to seek out drug addiction recovery assistance instead of having to go to jail, for example.

If a person has had a violent criminal background, then that person will be excluded from the alternative options. For instance, if a person was selling drugs and violently attacked someone who was purchasing those drugs, he or she would be excluded from the alternative penalty programs.

Does the implied consent ruling apply retroactively?

The Minnesota Court of Appeals recently ruled against a man who was seeking a change in his case based on new implied consent laws in the state. The newest changes to the implied consent law show that demanding blood or urine without a warrant is illegal due to the invasive nature of these requests. Interestingly, in other cases, the ruling has applied retroactively, but in this case, the judge does not believe the man's case should have the new rules applied.

In this man's case, he was stopped for DUIs three times. In two cases, he provided urine to the police. In a third, he gave blood. He claims he was told he could be charged more seriously if he refused to give the police what they asked for.

Battery: What you need to know about this violent crime

Facing charges for any crime is difficult, but when you're accused of battery, you face a slew of penalties. Battery cases vary, but the law can be harsh on those who participate in these violent acts.

Battery is defined as intentionally harming or touching someone in an offensive manner. To be battery, the victim must not have given consent to have been touched or harmed.

Fraudulent wire transfers cost home buyers and sellers thousands

It is illegal to participate in any kind of white collar crime. The worst are sometimes those that directly impact homeowners and families. The impact these crimes have on individuals can be devastating. That's why you need to defend yourself immediately if you're accused of participating in a scam or fraudulent activities.

The news in Minnesota reported on May 10 that there is a scam going on now that homeowners have to be aware of. This scam has affected home buyers, real estate professionals and sellers throughout the state.

Why should you hire a defense attorney?

You got caught up in an illegal act, and now you're facing charges. You didn't expect to find yourself in this kind of position, and you want to make sure you don't face a biased court system. An attorney can help.

There are a number of good reasons to hire a criminal defense attorney to protect your rights. Here are a few to consider.

What is mail fraud, and is it a federal crime?

There are many kinds of fraud that take place in the United States, but one that is strictly forbidden is mail fraud. Mail fraud refers specifically to any fraud that passes through the U.S. Postal Service (USPS).

Mail fraud has a broad definition, and it can include any scheme that sells, distributes, supplies or counterfeits. It may also include acts that are performed to obtain property or money under false pretenses.

New law limits the forfeiture of vehicles after drunk driving

Sometimes, drunk drivers affect those who are not even behind the wheel, like those who lend them vehicles. In cases where someone is falsely accused of drunk driving, that vehicle can still be impounded, resulting in aggravation as the vehicle is not returned to the rightful owner.

Fortunately, lawmakers in Minnesota considered the situation and have made changes that make it easier for people who have lent their vehicles out to get them back if the driver was arrested for drunk driving. The new law gives the citizens the right to go to court to plead the case before the judge. The judge then has a right to return the property to the owner if he or she so chooses.

You can defend yourself against DWI charges in Minnesota

Mid-level DWIs, which are those prosecuted with a gross misdemeanor in Minnesota, used to have a blood alcohol concentration (BAC) of 0.2. Today, that has changed. A BAC of .16 is enough to land you with a gross misdemeanor DWI charge.

While that 0.4 percent difference doesn't seem significant, it really is. It's believed that it could lead to around 3,000 more gross misdemeanor DWIs in a single year than if the level had stayed the same. That 71 percent increase could cause significant problems for some.

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