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Rochester Law Blog

Violence is not an appropriate way to handle anger

On behalf of Tom Braun of Restovich Braun & Associates on Friday, October 19, 2018.

As one of many adults in Minnesota, you've likely had your share of disagreements in life. Perhaps, you've argued with a spouse, friend or co-worker. Maybe you've even had a bad encounter with a stranger in a public place. It is not so much about the fact that you argued with someone that poses a problem but about how you argued, in particular what you did and whether violence occurred.

On the other hand, if someone gets angry at you and acts aggressively, you may be at great risk for injury. Assault is subject to criminal charges and penalties under conviction that may include jail time and substantial fines. A situation that occurred on a Sunday earlier this year is an example of anger gone wrong.

Understanding the one-leg stand test

On behalf of Tom Braun of Restovich Braun & Associates posted in drunk driving defense on Saturday, October 6, 2018.

If you are like most people in Minnesota, you have heard people talk about tests given to drivers suspected of being intoxicated before they are arrested for drunk driving. These tests aptly referred to as field sobriety tests, are standardized and approved for use by the National Highway Traffic Safety Administration. As explained by FieldSobrietyTests.org, the tests are not meant to nor can they prove that a person is drunk.

Field sobriety tests instead are used to collect evidence to support the possibility that a driver is drunk. This, in turn, supports an officer placing the driver under arrest. One of these tests is the one-leg stand test. The officer must first give verbal instructions and a live demonstration of what the driver is supposed to do. Only after doing this is the officer allowed to instruct the driver to perform the requested actions.

What are the four types of falls?

On behalf of Tom Braun of Restovich Braun & Associates posted in personal injury on Monday, September 24, 2018.

Slip and fall accidents are quite common in Minnesota, especially during the winter months when sidewalks, parking lot and other surfaces become slippery due to ice or standing water. If you suffer a slip and fall accident, it can cause serious injury. Being aware of your surroundings can help decrease the likelihood that you will become a victim of a fall. It can help to understand the four types of falls that occur.

According to Occupational Health and Safety, slip and fall is only one type of fall. It involves the foot losing traction on a surface which then throws off your balance and you fall. There are other types of falls that are similar. The stump and fall, for example, is when your foot encounters an unseen object that stops your momentum and leads to a fall.

Minnesota's IID Program

On behalf of Tom Braun of Restovich Braun & Associates posted in drunk driving defense on Saturday, September 8, 2018.

If you have been arrested for and charged with an impaired driving offense in Minnesota, you might be facing the revocation of your driver's license. If this happens to you and you are convicted of a driving while intoxicated or driving under the influence charge, you may have the option to restore your right to drive by using an ignition interlock device.

As explained by the Minnesota Department of Driver and Vehicle Services, even a first-ever DWI or DUI charge might lead to your license being revoked. The length of time that your revocation will last will depend in part on your blood alcohol content at the time of your arrest or your choice to take or not to take a breath test. License revocation periods last from 90 days to one year for first time offenses. By installing an ignition interlock device, you may regain the right to drive at any time during this period.

Field tests cannot prove intoxication

On behalf of Tom Braun of Restovich Braun & Associates posted in criminal defense on Saturday, September 1, 2018.

If you have been charged with a driving under the influence or driving while intoxicated offense in Minnesota, you will no doubt want to learn your options to defend yourself. This is certainly your right and you should always feel you have such an option. One thing that may become part of your defense is the accuracy of the evidence used against you. This includes the results of any field sobriety tests you took.

As explained by FieldSobrietyTests.org, these tests are not used or able to measure any impairment or intoxication in a person. Instead, they are simply a means to indicate that a person might possibly be impaired so that a police officer can legally place them under arrest for suspected drunk driving. This is an important distinction that drivers should know.

Is uncontested divorce the right choice for you?

On behalf of Tom Braun of Restovich Braun & Associates on Monday, August 27, 2018.

Minnesota couples facing the prospect of divorce know that this choice is not an easy one. It is difficult to make the decision to move forward with ending a marriage, and some couples are looking for ways to make it as easy and streamlined as possible. One way to do this is by filing for an uncontested divorce.

Uncontested divorce is not the right choice for every couple, but it could provide you and your spouse with many benefits. Before you make any important decisions that will affect your future, it is beneficial to consider all of the divorce options available to you. In any type of divorce, it is important to consider how your choices will affect your long-term interests and financial security. 

Alimony tax issue could have ripple effect on existing prenups

On behalf of Tom Braun of Restovich Braun & Associates posted in family law on Friday, August 17, 2018.

Taxes are a subject that is never far out of the minds of Minnesotans. As progressive policy state, taxes tend to be a bit higher here than elsewhere. At the same time, they are lower than many states. One thing that applies to all states, however, is the federal income tax and that is the subject of today's post.

Many readers surely are aware of the tax law change signed into law at the end of last year. It is perhaps the most notable policy change attributable to the current administration, and one of the most notable provisions in it is a change regarding divorce. Specifically, a tax rule that has been in effect for decades is going away at the end of this year. What some call the divorce subsidy will be no more.

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