Blog



19Jan 2016

Burden of Proof Increasing for Prosecutors

Though laws vary from state to state, one can get a sense of the direction of the law by looking at cases in other states. In Georgia, the courts have made it more difficult for prosecutors to bring DUI charges against drivers. In Atlanta a man was arrested on suspicion of DUI because his eyes were "watery" and his breath smelled, slightly, of alcohol. Though he...

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19Jan 2016

Minnesota Court Rules No Particularity Needed In DUI Blood Tests

In another blow to the Fourth Amendment, the Minnesota case State v Fawcett, the particularity requirement of search warrant does not need to be met. What does this mean to the lay person? Well, normally when a search warrant is issued it must be for certain items. In other words if a search warrant is obtained to find cocaine, and none is found, law enforcement...

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16Dec 2015

What Questions Should I Ask My Defense Attorney?

When you are choosing an attorney to help you defend yourself, there are some key questions you should be asking. At The Law Offices of C Jordan Handy, we will give you accurate, thoughtful and meaningful answers to any questions you may have. Among the questions you should ask there are the following which are most important: How long have you been working...

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16Dec 2015

In Minnesota Your Protections Are Greater If You Do Drugs?

The State of Minnesota has passed a law allowing a warrantless search by breathalyzer. This means that if you are suspected of DUI you must submit to a breathalyzer test or face potential additional charges and arrest. However, other drugs are not detected by breathalyzer. Most other drugs are detected by blood and/or urine tests. These tests are not mandated by law in Minnesota so you...

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16Dec 2015

Even Without Sobriety Tests, Juries Are Increasingly Likely To Convict

There was a case in California recently where a driver was charged with DUI, apparently operating under the influence of Meth. The perpetrator was so vocal and unruly (shouting after the incident, which left a cyclist paralyzed) that she was immediately taken into custody and no sobriety tests were conducted. At the hospital, a bag of Meth was discovered on her person. She claimed at trial...

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