Kinney Law, pc

Spearfish Office
121 W. Hudson Street
P.O. Box 729
Spearfish, SD 57783

Phone: 605-642-2147
Fax: 605-642-4079
Spearfish Law Office Map

Rapid City Office
625 1/2 Main St
Suite 2
Rapid City, SD 57701

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Sturgis Office
2275 Lazelle Street
Sturgis, SD 57785

Sturgis Law Office Map

Contact The Firm
605-642-2147
Fax 605-642-4079

Criminal Defense Archives

Do police target tourists to make arrests?

Whether you are planning a quick weekend getaway or a relaxing week-long vacation, Sturgis is a popular destination to hit. The town is home to the annual motorcycle rally, but there are plenty of other attractions that draw tourists to the area, too. No matter the nature of your visit, nothing will throw a wrench in your plans like getting arrested by local law enforcement.

The consequences of an underage DUI on your teen

Raising a teenager comes with many challenges, from school to relationships. One challenge you do not want to face as a parent is your teen driving while drunk. If it does happen, and your son or daughter has a DUI charge, you may have many questions about how it will affect your teen's future.

South Dakota's penalties for repeat DUI offenders

If you are ever pulled over and charged with drinking and driving in South Dakota, you can expect to have to forfeit your license for somewhere between 30 days and a year. You may find yourself charged with the crime if you blow into a Breathalzyer and it shows your blood alcohol content to be above the legal limit of 0.08 percent.

When marijuana is legal in your state but not in many others

Marijuana laws in the United States tend to get more flexible and expansive every year. As of the beginning of 2017, such states as Colorado, California and Nevada allow recreational use. Medical use is okay in these states as well as in Montana and North Dakota. However, in South Dakota, along with many other states, marijuana is not legal in any form. This can spell trouble when tourists, such as Sturgis rally-goers, visit South Dakota.

Hygiene products may influence breath test results

Maybe you have heard the urban myth that you can beat a breathalyzer simply by sucking on a penny, which has been around since at least 1994, according to Snopes. Even though the myth is completely false, people still try it today. Many attempt to fool a breathalyzer using mints or mouthwash. Not a good plan, because these products often contain small amounts of alcohol that will actually inflate the blood alcohol concentration (BAC).

What could affect the accuracy of a breath test?

If a law officer pulls you over on the suspicion of drunk driving, you may be facing a breathalyzer test. The amount of alcohol in your bloodstream can be measured when you breathe into this small device. While this test can help officers determine your blood alcohol concentration level with considerable accuracy, the results can be skewed or negated by a variety of factors.

The dangers of mixing alcohol and prescription drugs

Most people know that drinking and driving is dangerous. Perhaps you never have more than one drink if you need to drive home at the end of the night. What you may not know is that prescription drugs can make this situation dangerous regardless of how much you drink. Any combination of alcohol and prescription drugs can lead to a DUI or even death.

What does 'implied consent' mean for South Dakota DUIs?

If South Dakota police pull you over because they suspect you're driving under the influence, you can usually expect a field sobriety test and a breathalyzer. If you fail those tests, you might be taken to the station for a urine or blood test. But do you have to take it?

Charged with a drug crime in the Black Hills? What now?

Facing drug charges in South Dakota can be stressful for anyone. Many tourists with a valid out-of-state medical marijuana prescription are stunned to learn that South Dakota law does not recognize that prescription as valid. In any situation -- whether the allegations involve possession or a more serious distribution charge -- the potential consequences are staggering. You likely have many questions about how a drug charge (and potential conviction) can impact your life. An experienced defense lawyer can give you the guidance you need.

Sturgis police are aggressive during the motorcycle rally

Thousands of motorcyclists participate in the annual Sturgis rally each year. While the news media is comparing 2016 to last year in terms of attendance, it should be noted that 2015 marked the 75th anniversary of the popular event and drew record crowds. A strong presence in South Dakota related to this year's rally includes a strong presence of law enforcement officers who are looking to enforce any law they can.

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