DWI

Forfeited Vehicle

Posted onApril 26, 2018

If you get a DWI and total your car, YOU are entitled to the insurance proceeds, NOT the forfeiting agency. The Court of Appeals recently affirmed the district court decision that only the property rights in the vehicle are subject to forfeiture. Insurance proceeds are payments due under an insurance contract about a vehicle and are not a property interest in the vehicle. Russell Eldon Briles v. 2013 GMC Terrain, ___ N.W.2d ___, A16-0768, 2018 WL 845974 (Minn. 2/14/2018)

Posted onApril 13, 2018April 13, 2018

Do you have to be driving to get a DWI? No, you do not.

A DWI includes driving or “operating” a motor vehicle. “Operating” a motor vehicle includes being “in physical control” of the vehicle. The courts have held that “physical control” of the vehicle includes sitting in the driver’s seat with the keys within arm’s reach. State v. Fleck. As recently affirmed by the Minnesota Supreme Court, it also includes grabbing the steering wheel while someone else is driving. State v. Tchad Hu Henderson. In fact, in the case where a woman was standing on the side of the road with a flat tire, the car was running and the keys were in the ignition, the Minnesota Court of Appeals found that physical control was present. State v. Woodward.

Client Testimonials

Any result indicated below does not mean your case would receive the same result. Results are dependent on the facts and circumstances of each case.

Sarah Kimball is a top-notch attorney, absolutely top-notch. I have worked with and around attorneys much of my professional career and she is one of the brightest and most compassionate lawyers I have ever met. My situation was a misdemeanor traffic offense which was my fault. Sarah successfully negotiated it down to a charge that drops off my record if I maintain a clean driving record for a year. I could not have attained even close to that level of success if I hadn’t had her skilled guidance. Her work as a former prosecutor makes her uniquely qualified to understand the workings of the system. I cannot recommend her highly enough. Thank you Sarah!

D.S. III

Sarah Kimball is an expert at her practice. I came to her with a complex traffic case that would have left a misdemeanor on my record. Sarah was able to negotiate with the prosecutor and get my charges dropped significantly which exceeded my expectations on what the outcome of the case would be. Throughout my time working with her, Sarah was extremely professional and prompt with her responses and with answers to any questions I had. She would be my first choice if I ever need a lawyer again.

Corey F.

Ms. Sarah did an amazing job I didn’t have to show up for court she took care of everything over the phone and got 2 counts of traffic tickets, (WHICH IN MN IS CONSIDER MISDEMEANOR) for those who didn’t know because I didn’t, to a 187 fine and petty misdemeanor and nothing on my DL record. I highly recommend calling her in a situation like this.

Robert V.

From the moment I first called her until my case was resolved, Sarah put me at ease and I knew I was in good hands. She is knowledgable and patiently answered all of my questions. She kept me informed through every step of the process and responded to my communications in a timely manner. She is very professional and was able to negotiate a favorable outcome for me. I found her very professional and worth every penny of her retainer fee. I highly recommend her and am glad I hired her.

Molly

The thing that matters the most in prosecution on the other side of the table is having confidence. And that’s what you get with Sarah Kimball. I was recently charged with a citation for a Failure to Move violation for a trip I took out to the southern side of the cities, and was totally flabbergasted by my belief of what to do. I immediately thought to pay the citation, then I remembered there are people out there who know better about how to handle matters and help you remember you are human like all other people. I naturally thought to contact a lawyer after accidentally sending myself to the prosecutor by going to the wrong courthouse to settle the issue initially. The first one I contacted, passed the name of another who was personal in the field of traffic violations; that would be Sarah. Nearly a month after making acquaintances, me and Sarah were able to come to a positive outcome for the case, and I could not have been happier than to have had the results she was able to achieve for us. I fairly believe on your own in matters of court, you are lesser than likely to lose the benefits of an attorney; let alone a great, and talented one. Sarah is the definition of that. She was able to communicate with me decently, fairly, with a reason of consideration and professionalism that I would like to say is the standard for having quality representation. There is no more to say than to look for her when you’re looking for the voice that knows better and shows better when the decision is on the table.

Category: DWI