Archives for December 2015 | Ambrose Law Firm, PLLC

29 12 '15

MN Court of Appeals Finds DWI Refusal Law Unconstitutional Again: State v. Thompson

Minnesota’s DWI Refusal law took another hit on Monday. The court of appeals determined it is unconstitutional to charge someone with refusing to submit to a urine test in a DWI case in State v. Thompson. The decision came on the heels of the court of appeals’ opinion in State v. Trahan,[1] which ruled charging…

21 12 '15

Breath Test Machines for Marijuana (THC) Under Development

The race is on. Who can develop the most reliable and accurate breath test machine for marijuana (THC)? And, who can do it the fastest? Some companies tote they already did it. Dräger claims to already have such a machine. Its machine, can test up to seven different drugs, including methamphetamine and cocaine. Cannabix Technologies…

17 12 '15

Bernard v. Minnesota: Why Did SCOTUS Grant Review?

Last week, we blogged here about the Supreme Court of the United States (SCOTUS) granting review of Bernard v. Minnesota. Two main questions are emerging from SCOTUS’s order last week: (1) the Court reviews about 10,000 petitions each year, why did It grant review of Bernard – a state court case reviewing the constitutionality of…

12 12 '15

US Supreme Court Grants Review of Bernard v. Minnesota – Addressing the Constitutionality of Minnesota’s DWI Refusal Law

Major DWI news broke yesterday: the United States Supreme Court granted review of Bernard v. Minnesota. Out of the roughly ten thousand petitions SCOTUS receives each year, it only grants review of about eighty. This week, the Court was considering thirteen DWI cases. Making the final cut was Bernard; Birchfield v. North Dakota; and Beylund…

06 12 '15

Onus on the Driver: Your Right to an Independent Chemical Test in a Minnesota DWI Case

Do you trust the accuracy of a cop’s breath test machine? Do you have faith the state’s crime lab will properly handle and analyze your blood or urine sample? In the age of second guessing police procedures around the clock, Minnesota already provides the right to second guess your alcohol concentration level determined by the…

03 12 '15

Minnesota Supreme Court To Review Constitutionality of DWI Refusal Law: State v. Trahan

Not surprisingly, the Minnesota Supreme Court granted review of State v. Trahan last week. Even though the supreme court chooses to decide only an incredibly small fraction of cases, it was practically a lock they would decide to review Trahan. The supreme court likely granted review for three main reasons: (1) the decision by the court…