Spearfish Criminal Defense Blog

3 ways to use breathalyzer test results in your DUI defense

On behalf of Matt Kinney of Kinney Law, pc on Friday, May 4, 2018.

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

On behalf of Matt Kinney of Kinney Law, pc posted in blog on Thursday, April 5, 2018.

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

On behalf of Matt Kinney of Kinney Law, pc posted in blog on Wednesday, March 7, 2018.

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

On behalf of Matt Kinney of Kinney Law, pc posted in blog on Tuesday, February 6, 2018.

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

On behalf of Matt Kinney of Kinney Law, pc posted in blog on Monday, January 8, 2018.

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.

Is it possible to have my DUI charge dismissed?

On behalf of Matt Kinney of Kinney Law, pc posted in Criminal Defense on Saturday, December 9, 2017.

If you are facing criminal charges in the Spearfish area for a DUI, you may find yourself wondering if there is some way for you to beat them. You may not believe you deserve those charges and are beating yourself up about the circumstances that led to this predicament. But there is still time for the tide to turn in your favor.

It is possible for an alleged offender to have DUI charges dropped. However, not everyone who receives a DUI charge qualifies. Here is a brief overview of different defense strategies that can help to reduce and dismiss DUI charges.

Prison is rarely a solution for substance abuse issues

On behalf of Matt Kinney of Kinney Law, pc posted in blog on Wednesday, November 15, 2017.

Your doctor prescribed pain pills for your chronic health issue, but the medication has a high risk of dependence. Once you have been taking the habit-forming pills for a while, your doctor decides you should take something else. At this point, you lose your source, but your dependence on the drug continues.

If you move on to a different drug in order to keep from going into withdrawal, you could put yourself at risk for arrest. Drug charges are serious, but there may be an alternative to prison that will help you to rebuild your life.

Consequences of another DUI in South Dakota

On behalf of Matt Kinney of Kinney Law, pc posted in blog on Wednesday, October 11, 2017.

Do you already have a DUI conviction and now face another? You may wonder how it got to this point. You swore it would never happen again, that you learned your lesson the first time after all the consequences you received.

Regardless of how it happened, the fact is that another DUI conviction will bring harsher penalties than before. South Dakota law regarding multiple offenses of impaired driving are as follows.

Second offense: Your second time still counts as a misdemeanor. You will lose your license for a year and stay a brief time in jail.
Third offense: The fine goes from the hundreds to the thousands, and the crime becomes a felony if all occurrences have happened in the last 10 years.
Fourth offense: The classification of the felony continues to grow more severe. In addition to significantly higher fees and jail time, you also lose your license for two years.
Fifth offense or more: License revocation lasts for three years.

Can I get a DUI from using marijuana?

On behalf of Matt Kinney of Kinney Law, pc posted in blog on Monday, September 11, 2017.

South Dakota is one of the strictest states on marijuana use. There is zero tolerance for THC impairment and motor vehicle use. It is also a partial home to one of the busiest highways in the country. Many people who use marijuana recreationally and medicinally pass through the area on Interstate 90, not realizing that possession of the substance is illegal. Many tourists and locals also do not realize that driving while under the influence of pot is not legal.

However, if you smoked some pot or ate a few edibles while in Colorado and traveled into the area and the police detain you for impairment, it is possible for you to face charges of drugged driving. Here is a brief overview of how marijuana use can lead to a drugged driving charge in South Dakota.

How a DUI affects tourists in South Dakota

On behalf of Matt Kinney of Kinney Law, pc posted in blog on Thursday, August 10, 2017.

Have you been enjoying the thrilling events at the Sturgis Motorcycle Rally? Along with rides, concerts, contests and food, your entertainment has probably included consuming alcohol to beat the heat and relax.

Whether it is your first time attending or you go every year, one thing to always remember is to stay off your bike after drinking. Driving under the influence out of state is still a serious offense. In addition to the physical harm you can cause yourself and others, drunk driving comes with legal consequences that will follow you home.