Kinney Law, pc

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

Phone: 605-642-2147
Fax: 605-642-4079
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Rapid City Office
2040 W. Main St
Suite 103
Rapid City, SD 57702

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Sturgis Office
2275 Lazelle Street
Sturgis, SD 57785

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Fax 605-642-4079

Spearfish Criminal Defense Blog

DUI laws are tougher on truckers

Anyone who faces a DUI conviction may worry that the harsh penalties could cause difficulties with work. At the least, license suspension or revocation can lead to transportation issues. 

For commercial drivers, the repercussions may be much worse if they are behind the wheel of a large truck and South Dakota law enforcement discovers they are driving under the influence of alcohol or drugs.

The consequences of impaired riding are more than criminal

From the windy plains of the Missouri River Valley to the winding roads of the Black Hills National Forest, motorcyclists visiting for the Sturgis Motorcycle Rally have plenty to enjoy on two wheels. However, there are many more things that could enhance or detract from your experience on the road. Riders beware.

You probably like visiting the rally because it is a gathering of people who share your interests in motorcycles, music, the outdoors and fun - but as the old saying goes, too much of a good thing isn't always a good thing. It is important to keep safety and responsibility top of mind during the rally. Everyone wants to return home safe without incident or injury, but the reality is that not every does so.

Caught in South Dakota with THC oil?

In most South Dakota counties, you're probably going to be facing a felony controlled substance charge ... the same charge as if you were busted for harder drugs such as methamphetamine, heroin, cocaine, MDMA, unauthorized oxycodone or psilocybin mushrooms. That trip to Colorado just got more expensive! You may or may not be able to reduce the charge to a misdemeanor, as if you had only flower marijuana.

Can a DUI affect job prospects in South Dakota?

Impaired driving is a serious issue that affects many people throughout the state of South Dakota. The state's Department of Public Safety reports that 28 people die every day as a result of drunk driving crashes in the United States.

There are many penalties on the books for a DUI conviction, even if it is for a first offense. During the trial, the defendant may focus on potential jail time, heavy fines and a suspended driver's license for up to one year. However, a conviction can lead to long-lasting effects even after paying the fine. The person may also have a harder time getting a new job in the future. 

DUI offenses that can jeopardize your CDL

When commercial drivers face a criminal charge, the first thing they want to know is whether they will lose their license. Under state and federal law, CDL holders operate under tougher restrictions than ordinary drivers.

If you are charged with an offense that could result in suspension or revocation of your CDL, you have very limited time from the date of the citation to ask for a hearing. This means it is important to act fast and speak with an experienced attorney about the best way to handle your case.

3 ways to use breathalyzer test results in your DUI defense

If you are dealing with a DUI charge in Spearfish, you might not realize the different strategies you can use to strengthen your defense. Whether you plan to plead your innocence or hope for the prosecutor to offer a plea deal, it is best for you to consider all possible DUI defense tactics

If you took a breathalyzer test at the time of your arrest, your attorney might be able to call into question the accuracy of your results. It is important for you to not take a DUI charge lightly. A conviction carries penalties that can make it more difficult for you to get back on track. Here are some ways your attorney may challenge breathalyzer evidence in your case: 

How drug courts help combat meth addiction

If you count yourself among the many people across South Dakota currently grappling with an addiction to methamphetamine, you may have a firm understanding of just how tough this addiction can be to beat. Unfortunately, many prisons across the state and nation are filled with offenders who may, if not for their drug addictions, not need to be there, so there is a clear and present need for treating the addicts, as opposed to simply punishing them.

One way many communities are working to alleviate drug problems is by enrolling some nonviolent criminal offenders in drug courts, as opposed to having them serve time behind bars. Drug courts have many proven benefits for you, the addict, as well as your community, and they can prove tremendously beneficial when it comes to helping you beat your addiction.

3 steps to help your criminal defense case

Facing criminal charges in South Dakota may seem like an uphill battle, but that does not mean you are helpless in your situation. Just as there are things you can do that would make your case worse, there are also things you can do that would help your case.

Try these three tips for the best chances of avoiding a conviction.

Factors that can impact Breathalyzer accuracy

If you find yourself traveling through Sturgis or another part of South Dakota and a law enforcement officer pulls you over and believes you are driving while intoxicated, he or she will likely ask you to take a breath test with a device known as a Breathalyzer. Breathalyzers assess the amount of alcohol you have in your body to give authorities a sense of how impaired you might be behind the wheel. While, if used and calibrated properly, these devices are often accurate, there are several factors that can cause them to produce false results.

Because the penalties linked with drinking and driving in South Dakota are so substantial, it is critical that your breath test reveal accurate, and not falsely elevated, results. However, it may produce a false reading of your blood alcohol content if:

2 defense options for a marijuana possession charge

With jurisdictions around the country taking steps to legalize the use of medicinal and recreational marijuana, you may feel there is nothing wrong if you use a little of the substance here and there. Though you may be a supporter of legalization, it is still a crime to use and possess marijuana in South Dakota. If an officer pulls you over and arrests you for being in possession of marijuana, you could end up with a drug charge. 

You may think that you cannot do anything about the charge but to accept the consequences. But a criminal charge means you allegedly committed a crime. It is up to the prosecution to use evidence they may have against you to secure a conviction. You should not take any criminal accusations lightly. Here are two drug possession defense tactics you should consider. 

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