Privacy and Security Policy
The privacy policy that you have on your website communicates to your clients and customers how you will handle the information they are required to provide in order to interact with your website. In some cases, people must just provide their name and email address to establish an account. In other cases, where customers are making purchases through your website, they must provide a great deal of private information, including credit card numbers. The privacy policy states under what circumstances the user’s account information will be shared with third parties, the security protocols that the website uses (SSL or otherwise), what level of usage tracking the website has, and opt-in/out opportunities when you will be sharing user information. A user is trusting you with a little or a lot of their private information when they use your website. Your privacy policy should convey that you value the fact that they are trusting them with that information and that you will handle that information carefully.
Terms of Use dictate how visitors to your site and customers of your product will interact with you when they use your website. The terms you need depend on what your website is offering. Some important basic terms are making sure that if there a dispute that the dispute is resolved in the website operator’s own state or county, or if you display ads from third parties on your website that you are not responsible for the conduct of those website operators, and if you are shipping any products, what your shipping and refund policies are. In other cases, the Terms of Use have important regulatory compliance statements in it – for example websites offering financial or mortgage related products and services. In these situations, it is important that the Terms of Use contain required regulatory disclosures and plenty of disclaimers about what the site is and is not offering. (For example, a mortgage broker site will want to have language along the lines of “mortgage rates that appear on this site are illustrative of rates that are available; not all customers will qualify for such rates, and the company cannot guarantee this rate will be available”).
A company interacting with customers through a website should take their Terms of Use seriously and may want to consult an experienced attorney for assistance
Beginning in mid-2012, the domain name world takes a giant leap with the introduction of Generic Top Level Domains (gTLD’s). Tired of chasing a “.com” that is already owned by someone who is unwilling to sell it to you, or wants hundreds of thousands of dollars for the domain name? You can now apply for and own your own gTLD. What does this mean? It means, if your name is Stan, you can buy every combination of domain names and they will end with “.stan” instead of .com or the others. If you are a banker, you can own “.bank” and use or sell the limitless domain names that come with that gTLD. But, it comes at a cost. The new system is being implemented by the International Corporation for Assigned Names and Numbers and you will pay a $5,000 fee just to get the ICANN application to complete, and then pay an additional $180,000 at the time you submit the application. In addition, you need to demonstrate the ability to develop and technically support your new gTLD and must provide a business plan for implementing the gTLD. This process is not for the faint of heart (or wallet) but it is the beginning of a new and exciting age in domain names.
Welcome to the SeilerSchindel Internet & E-Commerce Blog Series. In this series, we will look at the issues facing companies trying to get their hands around protecting themselves in this new world market. This series is meant for owners and operators of internet or e-commerce business as well as the technology entrepreneur. We encourage you to post comments and share our blog with your friends, family members and colleagues.
In addition to the numerous criminal and administrative consequences which result from a DWI conviction, a consequence which can be detrimental to a person who travels for business or leisure has recently become a bit easier to overcome.
Until recently, any person with a DWI conviction was barred from entering the country for a period of time after the conviction. The bar has caused thousands of dollars in lost revenue for the country’s tourism industry, as many people were unaware of it until they were forced to cancel their plans after being stopped at the border.
Beginning March 1, those with one minor conviction may apply for a free Temporary Resident Permit. This option has been available for some time, however the process has been made shorter and cheaper. The option is available to those with a DWI conviction, if it is the only conviction on the person’s record.
Some good news!
A DWI offense comes with more than criminal penalties, and these consequences have become harsher in recent years. These administrative consequences include driver’s license revocation, license plate impoundment, vehicle forfeiture, and the new kid on the block: ignition interlock. These consequences are complicated and make hiring an attorney for any DWI offense essential.
Any DWI offense results in the revocation of the defendant’s driver’s license. In a first time DWI with no aggravating factors (see our prior blog post on prior convictions for the list of aggravating factors), a defendant faces a revoked driver’s license for 90 days. While it may be possible to obtain permission to drive to work or school, this is not a guarantee. The revocation period increases for future offenses or if aggravating factors are present, and may result in cancellation of a driver’s license for at least one year.
License plate impoundment occurs on a second DWI offense, or on a first in certain circumstances. If impoundment is required, the person must turn in any plates for any car owned, leased, or registered to the defendant, even if it is jointly owned by another. Special plates may be issued to replace the plates surrendered; these are more commonly known as “whiskey plates.” However, these plates are not issued in all cases.
A first- or second-degree DWI results in the forfeiture of the defendant’s vehicle, or if a DWI is committed while the person has certain DWI-related driver’s license restrictions. If a vehicle is forfeited, it is either kept for government use or sold. Forfeiture occurs upon the mere DWI charge, not upon conviction, and the vehicle will be returned if the defendant is not convicted.
Ignition Interlock is the new kid on the block, offered as an option since July 1, 2011. Ignition Interlock is a device installed on a defendant’s car which the driver must blow into before the car will start. If the driver’s breath registers at a 0.02 or higher, the car will not start. Ignition Interlock is offered as an option for at least one year on all second DWI offenses within 10 years, and on a first time DWI offense in certain circumstances. This allows a person to continue to drive, but does require the person to pay for participation in the program. A person must also apply to be a part of this program, and approval is not guaranteed.
One of the first questions an attorney will ask when a person meets with them regarding a DWI arrest is: do you have any priors? This is because a DWI is what is called an “enhanceable offense.” This means that certain factors, called “aggravating factors” make a DWI arrest more severe than it would otherwise be.
Aggravating factors include:
- Prior qualified impaired driving incident within 10 years;
- A blood alcohol level (BAC) of 0.20 or more upon arrest;
- A child under 16 in the car at the time of arrest.
Aggravating factors determine which of the four tiers of DWI offenses a person is charged with:
- Fourth-Degree DWI: Misdemeanor offense, with a maximum penalty of 90 days in jail and/or a $1,000 fine. This is charged when a person commits a DWI with no aggravating factors.
- Third-Degree DWI: Gross misdemeanor offense, with a maximum penalty of one year in jail and/or a $3,000 fine. This is charged when a person commits a DWI with one aggravating factor, or when a person refuses to submit to testing. Based solely on prior convictions with no other aggravating factors, this would be a second DWI within a ten year period.
- Second-Degree DWI: Also a gross misdemeanor offense, with the same maximum penalty as a third-degree DWI. While the maximum penalty is the same as a third-degree DWI, there are certain minimum penalties imposed, which are greater than those for a third-degree. This is charged when a person commits a DWI with two aggravating factors, or when a person refuses to submit to chemical testing and there is one aggravating factor present. Based solely on priors with no other aggravating factors, this would be a third DWI within a ten year period.
- First-Degree DWI: Felony level offense, with a maximum penalty of seven years in prison and/or a $14,000 fine. This is charged when a person commits his or her fourth or more qualified impaired driving incident within a ten year period, his or her second or more felony DWI, or has previously been convicted of certain crimes involving injury or death while impaired by a substance. Based solely on priors, this would be a fourth DWI within a ten year period.
If you are arrested for DWI and you know that your record includes a prior DWI, it is important to speak with an attorney regarding your rights and the consequences that you may be facing.
Arguably the most common question asked of criminal defense attorneys handling DWI cases is: should I take the test? When a person is stopped by an officer on suspicion of a DWI, a number of tests are performed.
The most important answer to this question is: refusing to test is a crime. If you are arrested for DWI, brought to the station, and asked to take a blood, breath, or urine test, you cannot refuse all three or you could be charged with a gross misdemeanor. If you are asked to submit to a blood test and you refuse, but you are not offered an alternative, you cannot be charged with refusal until you are offered an alternative which you also refuse.
The three important parts of interaction with the police in a DWI investigation are as follows: the stop, the arrest, and the subsequent test. In order for police to pull over a car, the officer must have reasonable suspicion that a crime has been committed. This may be as innocuous as speeding, or as dangerous as swerving or driving on the wrong side of the road.
Next, before an officer can arrest a person, he or she must have probable cause to arrest. This is a higher standard than reasonable suspicion, and can be obtained in a number of ways. The officer may ask the person to submit to a preliminary breath test (PBT) or may ask him or her to perform field sobriety tests (one leg stand, horizontal gaze nystagmus, walk and turn test, etc), which may provide the officer with probable cause to believe the person was driving, in operation, or in physical control of the vehicle while intoxicated. An odor of alcohol, watery and bloodshot eyes, or other physical signs of intoxication may also contribute to probable cause.
Finally, the officer will take the driver to the station and ask him or her to submit to a blood, breath, or urine test. Refusing to take any of these tests is a gross misdemeanor. No attorney can advise you not to take the test because advising you not to take the test would be advising you to commit a crime, which no attorney can ethically do.
Many individuals facing criminal charges ask this question, either because they believe their charge is not very serious, or they believe they cannot afford private representation. The answer to their question is often “it depends.”
Even if a person is simply charged with speeding, they may be required to appear in court. Even in these simple cases, court hearings can be complicated and an attorney can help navigate these hearings on your behalf, and can use their experience to attempt to have your charges dismissed, or negotiate either a lesser penalty or a plea bargain to keep your record cleaner.
The complexity of the charge may also be a factor. For example, if you did not have current proof of insurance with you when you were pulled over for speeding, often times you will be able to contest this charge yourself. On the other hand, a first time DWI offense includes administrative consequence in addition to criminal penalties, which an attorney can help you navigate.
While these charges above may or may not require the services of an attorney, a gross misdemeanor charge includes more complicated court hearings and the potential for one year in jail and/or a $3,000 fine. A common gross misdemeanor is a DWI charge within 10 years of one prior DWI conviction. A felony charge is greater than a gross misdemeanor, and comes with the potential for more than one year in prison and/or a higher fine. In either of these, consulting with an attorney is essential to help navigate the system as well as negotiate lesser penalties.
Welcome to the SeilerSchindel Criminal Law Blog Series. In this series, we will look at some of the common issues confronted by our clients and discuss other topics related to criminal law. This series is meant for individuals interested in learning more about Minnesota criminal law, and we hope that anyone facing potential criminal charges will benefit as well. We encourage you to post comments and share our blog with your friends, family members and colleagues.
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