Category: Criminal Law
No Texting While Driving Minnesota Statute
May 6, 2010 | John T. BuchmanMinnesota Statute 169.475 makes it illegal and subjects the violator to a fine and possible jail sentence for texting, emailing, accessing a web page, or similar actions. A driver can still make a phone call or use a hands free communication device. The statute reads in part, “no person may operate a motor vehicle while using a wireless communication device to compose, read or send an electronic message, when the vehicle is in motion or a part of traffic.” There are exceptions for emergency circumstances.
Read MoreCollateral Effects of Arrests – What You Need to Know
February 25, 2010 | Jon P. EricksonBy Jon P. Erickson and Shawn D. Stuckey Summer 2007 BGS In Brief Newsletter When a person is convicted of a crime, they are subject to the direct and collateral effects of a conviction. But what happens when a person is arrested for an offense and the case is either not charged, or the person is found not guilty? Most people think that the arrest record is either thrown out or sealed. Many are unaware that anyone can have access to that information for years to come. Some of whom could use this information to make determinations of capability for employment and housing. Others who posses the capacity, and many times do, to make the person’s arrest known to the world. Unless actions are taken now by the person who is the subject of the arrest record, a person who was arrested many years ago may still be denied employment, housing, or have his name published for all to see. Collateral effects are invisible, civil punishments attached to any crime and arise immediately following an arrest. In the past, the public could not easily access criminal history records. Today, technology has greatly increased the public’s accessibility to criminal records. Employers, landlords, newspapers, data harvesters, and any member of the public, have access to…
Read MoreAnger In The Workplace…Anger At Home
December 19, 2009 | Jon P. EricksonAnger in the Workplace . . . Anger at Home First, two examples of anger in the workplace and anger at home: In the Workplace: Mr. Smith and Mr. Jones were business partners sharing an office, work space, common area, and staff. The two men had no altercations in the past, however, on one particular day an argument between the two men escalated to verbal threats, pushing and shoving. The next day, without Mr. Jones knowledge, Mr. Smith went to court and obtained a harassment restraining order by filing a petition and affidavit with the court. The court issued a temporary restraining order ordering no contact between Mr. Smith and Mr. Jones at the workplace. Mr. Jones was unable to conduct his business for almost two weeks until a hearing was held to consider the matter of changing the restraining order. Mr. Smith also went to the local police on the day of the argument and filed a complaint accusing Mr. Jones of harassment, assault, and terroristic threats. Mr. Jones was ultimately charged with a misdemeanor assault. At Home: One Friday evening Mr. Jones, after a very stressful couple of weeks, came home and found that his 13-year-old son had taken his expensive fishing rod and tackle and gone fishing. Unfortunately, his son,…
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