Standardized Field Sobriety Tests: Should I take them?!

Standardized Field Sobriety Tests:  Should I take them?! This article is based on my 22 years of experience, having zealously defended hundreds of DUI cases, reviewing hundreds of DUI police reports, and watching hundreds of police videos.  It is not intended to be politically correct, nor a thorough article on the science of standardized field sobriety tests. Instead, it is a no-nonsense, practical guide. In the 1970’s, the National Highway Traffic Safety Administration developed three scientific tests to help determine if a driver is impaired due to alcohol consumption. The standardized field sobriety test battery consists of the Horizontal Gaze [...]

By | 2019-03-28T18:30:28+00:00 March 7th, 2019|DUI|0 Comments

Murphy’s Law and Arrest Warrants

Murphy's Law and Arrest Warrants... I have been practicing criminal defense for almost 22 years.  Based on my experience, I can definitely attest to the fact that Murphy's law definitely applies to arrest warrants.  People with active arrest warrants do not get arrested when it is convenient for them.  Typically, they get arrested at the worst and most inconvenient time for them.  Hence, that is why in my practice, I advise clients take care and clean up arrest warrants as soon as possible. ​Additionally, if you know criminal charges are imminent, it is advisable that you retain an attorney to attempt [...]

By | 2019-03-28T18:31:02+00:00 April 23rd, 2018|Warrants|0 Comments

What if Conor McGregor had done that at the Fargodome?

What if Conor McGregor had done that at the FargoDome? As both an attorney and MMA fan, I thought I would write an article about the recent legal troubles of UFC Superstar, Conor McGregor. For a fun, yet informative article, let's assume Conor did not commit the alleged acts in Brooklyn, New York. But instead, he committed the acts in Cass County, North Dakota, at the FargoDome. According to various news reports and various videos, Conor McGregor threw a dolly onto a parked bus, shattering a bus window, and injuring three people, including two fellow UFC fighters.  One fighter had [...]

By | 2019-03-28T18:31:22+00:00 April 9th, 2018|Assaults|0 Comments

The criminal appeals process in North Dakota simplified

The Criminal Appeals Process in North Dakota... Simplified In North Dakota, you have thirty days after the Judgment has been entered to appeal your conviction. For this article, I am going to assume the conviction was in a North Dakota state district court. 1 The first thing a criminal defendant must assess is whether he should appeal the conviction to the North Dakota Supreme Court.  There are a multitude of factors that must be considered: the merits of an appeal, the cost of an appeal if hiring a private attorney, the time it takes to obtain a decision, whether the [...]

By | 2019-03-28T18:31:37+00:00 March 26th, 2018|Appeals|0 Comments

Does your vehicle scream, “Stop me, officer?!”

Does your vehicle scream, "Stop me, officer?!" Don't toss your Fourth Amendment rights out the window.   The Fourth Amendment of the United States Constitution protects Americans from "unreasonable seizures" from their government. This is a very important right that few countries have to protect their citizens from their government. Compare this to 1938 Nazi Germany, where law enforcement officers could stop any person on the street on a whim, and compel that person to produce his identification papers. In United States v. Brignoni-Ponce, 422 U.S. 873 (1975), the United States Supreme Court held that law enforcement officers cannot randomly [...]

By | 2019-03-28T18:31:49+00:00 March 19th, 2018|DUI, Traffic Violation|0 Comments