user2020, Author at Timothy D. Webb

Outcomes You Can Expect From Your DUI Penalty

November 1, 2022 By user2020

Daily, about 30 people die in the U.S. from drunk driving crashes. This is about 1 person every 50 minutes. If you’re someone who is convicted or is nervous about conviction, you might wonder what happens next. While DUI penalties can be rough, you can find a breakdown of what to expect.

This article will go over the different DUI penalties that you can check out to see what happens. Read on to explore these penalties in order to understand what to do next.

The Difference Between a DUI vs DWI

The difference between a DUI and a DWI varies by state. While some states treat them as separate instances, others use them interchangeably.

A DUI doesn’t always require a specific alcohol level. They need to be able to prove that you were impaired driving due to alcohol. In Minnesota, they’re often used interchangeably, and the terms have gone through changes throughout the years.

They refer to having an alcohol concentration that’s over the legal limit according to a urine, blood, or breath test within 2 hours of being stopped. Or, if you have any amount of controlled substances in your system.

This can include a controlled substance, hazardous substance, or alcohol. You’re considered intoxicated in Minnesota if you’re blood alcohol level is .08 and higher.

You can be arrested for having a lower level if the police officers can prove that you have errors while driving due to drugs or alcohol. You can also have drunk driving penalties if you refuse to take a breathalyzer.

Criminal Penalties

If someone is hurt, you have a child in the car, or your blood alcohol content (BAC) is higher, then the penalties can be harsher. For a BAC under 0.16% you might be charged with a misdemeanor, and possibly go to jail.

For results over 0.16%, you’ll receive a gross misdemeanor and potentially face up to 1 year in jail, and a fine. Refusing a test can cause you to spend time in jail, and pay a fine.

The Different Offenses

While first and second DUI offenses have similar DUI penalties, a 3rd DUI offense has harsher charges. No matter what your blood alcohol content is you can face up to a year in jail, and a fine. Jail can be incarceration at a facility, or electronic home monitoring.

Administrative Penalties

Administrative penalties are given out by the Minnesota Department of Public Safety. Even if you’re not convicted of a DWI, you might face these charges. They can include vehicle forfeiture, driver’s license cancelation or revocation, or plate impoundment.

The Costs Associated With a DUI

There are numerous charges after a DUI including chemical dependency assessment surcharges and fees, criminal surcharges and fines, and you might face penalty assessments, treatment costs, and bail as well. If you want to drive during the revocation period of your license, you have to pay for an ignition interlock device and a limited license.

Felony DUI

In Minnesota, if you’re arrested for a 4th time due to a DUI or a prior felony conviction, you might be charged with a felony. This can mean 7 years in prison and a much larger fine. Jail can include incarceration or remote electronic alcohol monitoring.

Underage Drinking

It’s a crime in Minnesota if you’re under 21 and consume any alcohol, and then operate a vehicle. You don’t need a blood alcohol content of .08%, and there doesn’t have to be proof that you’re driving under the influence.

In Minnesota, minors fall under what’s known as the not a drop law. The not a drop law is also known as 169A.33 underage drinking and driving.

If you fall under section 169A.31 (alcohol-related school bus), 169A.54 (impaired driving convictions), or 169A.20 (driving while impaired), these will apply instead of a license sanction.

Reinstating Your License

Once you complete all of the requirements, you can receive your license back. In order to get it back, you’ll need to pay a reinstatement fee, complete an application and pay other fees, and perform a chemical health assessment program. You’ll also need to pass a DWI knowledge test.

How Long Will It Stay on My Record?

When you have a DUI record, it’s retained by the Drivers and Vehicle Services, and the Bureau of Criminal Apprehension. You can apply to have a gross misdemeanor sentence expunged.

This means it’s sealed and the public can’t view it. The courts can still access it for future decisions. Even if your DUI is from another state, it can still count toward your total amount of charges.

What Should I Do if I’m Charged With a DUI?

If you’re charged with a DUI, you’ll want to speak to a defense lawyer right away. As soon as a defense lawyer is on the case, they can help you increase your odds of having a better outcome.

This might include charges being dropped. They can also let you know potential outcomes, and help you choose the best action to take next.

The Outcomes From DUI Penalties

Now that you’ve explored the outcomes from DUI penalties in Minnesota, you should have a better idea of what to expect. Are you facing a DUI/DWI charge, and aren’t sure what to do next?

Are you hoping to come up with a course of action in order to have the lowest penalty possible? No matter if it’s your first or fourth charge, contact us today, and we’ll come up with an action plan that meets your needs.

Vehicular Homicide: Understanding the Crime and It’s Penalties

November 17, 2021 By user2020

If you know you face the legal fight of your life, you’ve come to the right place to learn more about what you should do next. Vehicular manslaughter is a very serious charge. It is also a charge that has life-changing consequences. Understanding the definition of the crime is critical to mounting your defense. Knowing the penalties, you are facing is vital for your mental well-being. There is no good way to go through what you are about to, but there is a smart way. If you’ve been charged with vehicular homicide, it’s important to know what that means.

You also need to know the penalties that come attached to the charge. Please keep reading to learn more about what legal ramifications you are facing.

What is Vehicular Homicide?

The legal of vehicular homicide can be different from state to state. In Minnesota, the Penal Code states a vehicular homicide felony is when you operate a vehicle in a grossly negligent manner. Or you killed someone by operating a vehicle while being under the influence of drugs or alcohol.

You can also face a vehicular homicide charge if you kill someone with your car and leave the scene of the crime. One of the first things you should do if you are facing a charge of vehicular homicide is to find a knowledgeable and experienced defense lawyer. There are times when an experienced defense lawyer can get your charges dropped.

Understanding the definition of the crime is critical to mounting your defense. Knowing the penalties, you are facing is vital for your legal strategies. You increase your chances of having a favorable legal outcome by hiring a knowledgeable defense lawyer.

Negligent Vehicular Homicide

When you are operating a vehicle and displaying negligence or gross negligence, there are serious criminal ramifications. Grave or gross negligence is the absence of care. It’s important to remember the absence of care or gross negligence means different things to different people.

That means individual jury members may find that they had no idea your motor vehicle was defective before a fatal accident. Sometimes jury members believe a defense attorney who states the defendant is not guilty because of a relatable reason.

Juries want to understand the accident and the vehicular death. Juries can believe a defendant who testifies they didn’t know prescription medicine causes driving issues.

Vehicular Homicide by Intoxication

A vehicular homicide by intoxication can result in a doing serious time in prison.Nationally, the cause of 28% of fatalities is impaired drivers. These are drivers of vehicles who drive above the legal limit of alcohol.

Or drivers who are taking drugs that have directly impaired their abilities and judgment. Having the right attorney for something as serious as negligent or vehicular homicide can make a big difference in your case. It can mean the difference between getting your addiction treated or going to prison for a very long time.

Criminal Vehicular Homicide in Minnesota

In Minnesota, they have very detailed legal definitions for the crime of vehicular homicide as well as the penalties. If a person is guilty in Minnesota of criminal vehicular homicide, they face up to ten years in prison, up to a $20,000 fine, or both. Minnesota provides further detail by providing a breakdown of other vehicular homicide criteria.

A vehicular homicide occurred due to driving in a grossly negligent manner. If a vehicular homicide occurs due to driving in a negligent manner while under the influence. The influence can be driving and using alcohol, a controlled substance, or a combination.

Vehicular Homicide and Intoxicating Controlled Substances

If the vehicular homicide occurs due to an alcohol concentration of .08 or more within two hours of driving. You are negligent of vehicular homicide if you are under the influence of an intoxicating substance. Every intoxicating controlled substance is on Schedule I or II or its metabolite other than marijuana or tetrahydrocannabinol.

If you cause a collision and leave the collision scene, you can face vehicular homicide charges.

Vehicular Homicide Lawyer

There are a couple of additional criteria that also meet the crime of vehicular homicide. Yet all vehicular homicide conditions have a common denominator. The common denominator is gross negligence or the absence of even slight care.

If you or someone you love is charged with vehicular homicide, you need the most knowledgeable and experienced attorney legally defending you. By hiring the best defense attorney as soon as possible, you give yourself the best chance of a decent future. It’s the only way to optimize the chances of a favorable legal result.

One of the legal strategies an experienced defense attorney uses is by hiring an accident reconstructionist. An accident reconstructionist can determine what factors contributed to or caused the vehicular death. In addition to accident reconstructionists, an experienced defense attorney will have beneficial experts to explain the defendant’s case.

Your Next Step

When you’re ready to take your first step or next to one, you need an experienced and knowledgeable attorney by your side. An exemplary defense attorney will help you hire an investigator, a toxicologist, cell phone forensic specialist, and more. Reach out to defense attorney Timothy D. Webb when you need your questions answered with a defense strategy you believe in.

You may never be able to go back in time and change your past, but you can find a new future. It may not be the future you envisioned, but by using one of the best defense attorneys, you give yourself a chance. The legal skills, knowledge, and experience of defense attorney Timothy D. Webb give you a chance to go down a new path.

You have one chance when dealing with vehicular homicide, and that is through a stellar defense. Through Timothy D. Webb’s legal skills, you’ll be able to chart a new course for yourself.

Mortgage Fraud: What It Is and How to Avoid It

February 23, 2021 By user2020

What if you were committing fraud and didn’t know it?

The truth is that most people don’t know what mortgage fraud is. And if you don’t know what it is, you might even be doing it by accident.

We’ve put together a complete guide to mortgage fraud. Keep reading to discover the answers and keep yourself safe!

What Is Mortgage Fraud?

Our guide will help you avoid accidentally engaging in mortgage fraud. But we must first start with the basics and answer this question: what, exactly, is mortgage fraud?

Broadly speaking, this kind of fraud happens in a mortgage transaction when one party deliberately deceives another party. Or as the FBI puts it, this kind of fraud is when one party makes a “material misstatement, misrepresentation, or omission relating to the property or potential mortgage relied on by an underwriter or lender to fund, purchase, or insure a loan.”

When you imagine this kind of fraud, you might think that it only happens only with real estate professionals. But law enforcement makes it very clear that the average home buyer or seller is perfectly capable of engaging in fraud.

How can you avoid doing so, especially by accident? By understanding the different types of possible fraud.

Types of Fraud

Make no mistake: this is not a “one size fits all” kind of fraud. Instead, there are multiple types of fraud. To avoid engaging in this fraud, you must understand all of the different fraud types and schemes.

A very common type of fraud is known as “inflated appraisals.” This usually occurs when a seller works with a crooked appraiser to assess the home as being worth more than it really is. When the smoke clears, the buyer is left holding the bag: a home that is worth far less than what they ended up paying.

Another type of fraud is the standard foreclosure scheme. This mostly happens when a home is in foreclosure and a desperate homeowner turns to someone who says they can save the house after the homeowner pays some fees and transfers the deed. Afterward, the “benefactor” doesn’t save the home from foreclosure and instead re-mortgages the home.

In some cases, mortgage fraud happens when there is a case of a fake identity. Because buying a home requires a good credit score, some people may be tempted to steal another’s person’s identity in order to buy a home. This can occur when the buyer directly steals someone’s ID or works with a complicit “straw buyer” (who may even end up taking the fall) in order to obtain a home.

Why Commit Mortgage Fraud?

By now, you might be shaking your head at the many different kinds of mortgage fraud. At this point, you’re probably asking yourself: why would anyone engage in this kind of fraud?

While everyone has their own unique motivations, the reason to commit this fraud usually falls into one of two camps. This includes fraud for housing and fraud for profit.

Fraud for housing is simple enough to understand: this is when someone is committing fraud to obtain a house they intend to live in. But they feel they must lie or omit certain info when dealing with various loan officers and other officials in order to qualify for the loan and buy the house.

Fraud for profit is equally simple: this is usually intended to make a profit on a loan transaction related to real estate. Doing so typically requires lies about employment history, debt, income, credit, and other factors.

Typically, fraud for housing is committed by a single person, though they may get the help of a sympathetic loan officer. By contrast, fraud for profit may be committed by a single professional or even a group of professionals with the simple goal of making money on the transaction and not getting caught.

Air Loan Fraud

Earlier, we described appraiser fraud, which involves someone working with crooked appraisers in order to falsely drive up the price of a home. But another popular type of mortgage fraud is known as air loan fraud.

An “air loan” is a loan for a property that doesn’t exist or a borrower that doesn’t exist. When a group of industry professionals work together, they can create false borrowers, false titles, and other falsehoods (including phone banks and mailboxes to fake employment verifications).

There are many moving parts to such a scheme, but the end result is simple. A bunch of people walk away with money for a loan on a home that doesn’t even exist!

Best Ways to Avoid Fraud

As we have said, even an unknowing homebuyer can accidentally engage in mortgage fraud. Fortunately, you can mitigate the risk of this happening by taking a few easy steps.

It all starts with getting referrals from friends or family members for different mortgage professionals. By going with someone trusted by those close to you, it is easy to avoid the risk of fraud.

You can also do your homework on the average value of homes in a neighborhood. If someone’s asking value is way too high, this might be an indicator of fraud. Similarly, checking the title history of a home may reveal some place that is constantly being sold or re-sold–a possible sign of fraud.

However, the single best thing you can do to protect yourself is to check all the “fine print.” Don’t sign anything you don’t understand without speaking to a qualified lawyer. And review all of the paperwork for accuracy when it comes to your own information.

For maximum protection, make sure you have a legal professional you can call if anything is making you suspicious!

A Professional in Your Corner

Now you know what mortgage fraud is and how to avoid it. But do you know who can help you fight mortgage fraud and protect your good name?

Timothy D. Webb has experience helping those dealing with mortgage fraud, tax evasion, white-collar crime, and much more. To see what he can do for your own case, contact us today!