Student Crimes

Student Crimes in Duluth, MN

College students sometimes find themselves in legal trouble. If you are a student at the university or one of the other local colleges in Duluth, Minnesota and have been charged with DWI or DUI, you need to consult with a criminal defense lawyer. Other charges commonly faced by college and university students in Duluth, MN include underage consumption, shoplifting or theft, fleeing a police officer, and obstructing legal process.

Duluth, MN Student Lawyer

As a college student in Duluth facing a DWI or other criminal offense, you may be looking at severe consequences with respect to the career you are trying to build. You also might be looking at consequences from the university or college. To get the legal assistance you need, contact a lawyer for students in Duluth, MN, and schedule a free consultation by calling 218-727-5384.

(The content on this page is for informational purposes only, shall not be used as legal advice, and is absolutely no substitute for contacting an attorney for help)

Ignition Interlock Device in Minnesota

December 6, 2012

What is an ignition interlock device?

An “ignition interlock device” is a device that is installed in a motor vehicle that requires the driver to provide a breath sample before starting the vehicle. It will prevent the vehicle from being started if the driver has an alcohol concentration that exceeds 0.02 percent.

On July 1, 2011, a new ignition interlock program went into effect in Minnesota. First time DWI offenders whose alcohol concentration is double the legal limit of .08 have a choice between a restricted driver’s license, or full driving privileges conditioned on use of the ignition interlock device. Repeat DWI offenders in Minnesota must install an ignition interlock device in order to drive. It is a crime for somebody who is required to have the ignition interlock device to drive a vehicle that is not equipped with the device.

DWI Attorney in Duluth, MN

If you have been charged with a DUI or DWI in Duluth, MN, immediately contact a DWI attorney. Poole Law Office PLLC offers free consultations and is happy to explain your options. An experienced criminal defense lawyer can get you the best resolution possible. Call (218) 461-0247 today.

How Does DWI Court Work in Duluth, MN?

August 15, 2012

DWI Court in Duluth, MN

Located in Duluth, MN, South St. Louis County has a DWI Court that adds treatment based approaches to intensive supervision. Felony level DWI offenders and second degree DWI offenders that have been unsuccessful in maintaining sobriety while on probation in Duluth, MN are eligible. Participants are required to undergo frequent and random drug testings, comply with frequent at home visits by probation, and complete all other treatment requirements.

What happens at DWI Court?

DWI Court consists of a team of individuals representing different agencies and organizations. Each week the team meets to discuss the progress of each participant. Additionally, each participant appears before the judge on a regular basis. During the week, probation makes frequent home visits and treament providers keep the team up-to-date on the participants are doing. The ultimate goal is to create a sober lifestyle for participants.

DWI Lawyer in Duluth, MN

Charged with DWI or DUI in Duluth, MN? Contact Poole Law Office PLLC today to learn how we can help.

Minnesota Supreme Court to make important decision affecting people charged with DWI/DUI.


On May 9, 2012, the Minnesota Supreme Court heard oral arguments in Patino v. One 2007 Chevrolet ,a case that could drastically change the State’s ability to confiscate someone’s car if they are charged with certain DWI or DUI related offenses.

In the case, Patino’s roommate was driving her car with a 10-year-old in the vehicle when he was stopped by a police officer who suspected he was intoxicated. He was subsequently arrested and charged with 2nd Degree DWI because there was a child in the vehicle, and because he had a prior DWI conviction. After negotiations with the prosecutor, however, he pleaded guilty to 3rd Degree DWI and was never convicted of 2nd Degree DWI. Soon after, the State initiated forfeiture proceedings and ultimately took away Patino’s car.

Under Minnesota Statute 169A.63, which deals with vehicle forfeitures, the State is allowed to confiscate a drunk driver’s vehicle if they commit a “designated offense.” Designated offenses generally include 1st and 2nd Degree DWI. Subdivision 9(f) of the statute provides that:

“[i]f the forfeiture is based on the commission of a designated offense and the person charged with the designated offense appears in court as required and is not convicted of the offense, the court shall order the property returned to the person legally entitled to it[.]”

Based off the above-language, Patino demanded a judicial determination of the forfeiture, arguing that because her roommate was never actually convicted of 2nd Degree DWI, the unambiguous language of the statute requires the State to return her car. The district court, however, refused to return the vehicle despite the clear language in the statute that requires the State to return her car.

Instead, the court relied on the Minnesota Court of Appeals’ decision in Mastakoski v. 2003 Dodge Durango, which basically concluded that the State can take someone’s vehicle even if they were never convicted of a designated offense. In that decision, the Court of Appeals was interpreting a separate subdivision of the forfeiture statute, and never even discussed the unambiguous language described above that requires the State to return the vehicle if the person was never convicted of the designated offense.

Not satisfied with the district court’s response, Patino appealed the decision to the Minnesota Court of Appeals, and in October of 2011, it determined that Patino was right, and that the unambiguous language of the statute requires the State to return Patino’s vehicle because her roommate was never convicted of the designated offense.

The county attorney appealed to the Minnesota Supreme Court, and today we await a decision on whether a conviction of a designated offense is necessary for the State to take someone’s vehicle when they are charged with DWI.

Poole Law Office PLLC frequently represents people suspected of DWI. If you are charged with DUI/DWI and are facing vehicle forfeiture, you need a Duluth DWI lawyer to aggressively represent you and ensure your rights are protected. To schedule a free consultation, call us now at 218-461-0247, or fill out our contact form.

Poole Law Office PLLC specializes in Criminal Defense, DWI”>DWI / DUI, Divorce, and Bankruptcy.

Service Member & USERRA Lawyer

Our men and women in uniform sacrifice their lives for our country, so when they complete their military obligation, it is only right that they are able to return to work. Sometimes deployments are lengthy, but that doesn’t mean that their job can’t be waiting for them when they get back home. Thanks to USERRA, that job should be open to the soldier so that he or she can get back to their normal life.

If you have questions about your rights under USERRA, contact Olson, Poole & Envall, P.A. today.

Facts About USERRA

The uniformed Services Employment and Reemployment Rights Act protects our service members from losing their jobs when they are absent from work due to fulfilling their military duty. In fact, USERRA protects their reemployment rights for up to 5 years. Nonetheless, there are exceptions to this five-year limit that include the initial enlistment that lasts more than five years, periodic Reserve and National Guard training, and involuntary extensions to active duty and recalls. This means that a soldier can return to their job after the five year limit has passed.

USERRA also provides protection for those veterans who are disabled, requiring employers to do the best that they can to accommodate the disability. Service members who are recovering from injuries they received during training or service may have up to two years from the date they completed their service to apply for reemployment.

In addition, USERRA states that returning service members are to be reemployed in the job that they would have attained if they had not been absent due to their military service. This means they are to receive the same status, seniority, and pay, as well as a number of other rights that are determined by their seniority. Any violation of these rights can result in legal action against the employer for a USERRA violation when the soldier has met all of the qualifications for reemployment.

Olson, Poole & Envall, P.A. also practices in the areas of criminal defense, DWI, divorce and personal injury.

(The content on this page is for informational purposes only, shall not be used as legal advice, and is absolutely no substitute for contacting an attorney for help)