Spearfish Criminal Defense Blog

Opioid use on the rise throughout rural areas

On behalf of Matt Kinney of Kinney Law, pc on Tuesday, December 4, 2018.

America is in the midst of a crisis. According to the National Institute on Drug Abuse, opioid overdoses accounted for 72,000 untimely deaths in 2017. That number was up 15 percent from 2016. When the data for 2018 comes out next year, it will, no doubt, show another increase.

South Dakota is not immune to the opioid epidemic. The rate of abuse in nonmetropolitan rural areas is disproportionately higher considering that fewer people live in these areas. The percentage of opioid-related deaths in rural areas is 45 percent higher than in cities.

What are your risks at a sobriety checkpoint?

On behalf of Matt Kinney of Kinney Law, pc on Monday, November 12, 2018.

As you know, the holiday season means time spent with family and friends, which often involves alcohol. Law enforcement is also aware of this, and they take measures during prime drunk driving periods to keep intoxicated drivers off South Dakota roads. You might not worry if you are pulled over at a sobriety checkpoint while sober, but unfortunately, you may have something to worry about.

A sobriety checkpoint is a method officers use to pull over vehicles in a predetermined pattern, such as every five cars. Drivers are usually asked if they have been drinking, and they may need to complete some field sobriety tests.

How to avoid a DUI on vacation

On behalf of Matt Kinney of Kinney Law, pc on Friday, November 2, 2018.

When visiting the Spearfish or Sturgis area visiting friends and family, attending an event or simply out on a weekend getaway, you deserve to have some fun. This may involve enjoying some alcohol at one of the local bars.

However, you do not need to get a criminal conviction or hurt someone because of drunk driving. A DUI charge will ruin your otherwise enjoyable trip. Here are a few strategies for avoiding a DUI arrest on your South Dakota vacation.

Tourists and arrests while on vacation

On behalf of Matt Kinney of Kinney Law, pc on Thursday, October 4, 2018.

When you go on vacation, the last thing you expect to happen is a police arrest. However, some locales are quite aggressive when it comes to cracking down on particular behaviors that tourists engage in, and areas such as Sturgis is one of them.

Law enforcement agencies in places that have a large tourist population, such as Sturgis, often work extra hard to enforce laws against tourists to maintain order for local residents. With hundreds of thousands of visitors regularly attending the annual nine-day motorcycle rally there, it is no wonder that some tourists often find themselves on the wrong side of the law.

DUI laws are tougher on truckers

On behalf of Matt Kinney of Kinney Law, pc on Sunday, September 2, 2018.

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

By Kinney Law, pc on Thursday, August 2, 2018.

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?

On behalf of Matt Kinney of Kinney Law, pc posted in Criminal Defense on Tuesday, July 31, 2018.

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?

On behalf of Matt Kinney of Kinney Law, pc on Friday, July 6, 2018.

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

On behalf of Matt Kinney of Kinney Law, pc on Tuesday, June 5, 2018.

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

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: