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We recently blogged about Minnesota’s ability to forfeit a vehicle after certain offenses here. We discussed the procedure an owner must follow in attempting to recover a seized vehicle.[1] Part of a successful attempt may include proving an affirmative defense, such as the innocent owner defense. This is a popular defense for a vehicle owner…

Losing a vehicle after receiving a DWI is a very real, yet lesser known consequence. In 2000, Minnesota enacted a vehicle forfeiture statute to bolster “efforts to keep impaired drivers off the road, particularly those drivers who have shown a repeated willingness to drive while impaired.”[1] This statute allows the state to seize your vehicle…

“[I]t was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair, we had everything before us, we had…

In the upset of the week, and potentially year, the Minnesota Court of Appeals recently declared Minnesota’s DWI Test-Refusal Statute unconstitutional. Commonly, Minnesota appellate courts are incredibly conservative in DWI cases, especially in recent constitutional challenges,[1] which makes the decision in State v. Trahan surprising. In a 2-1 decision, Judge Halbrooks wrote that requesting a…

Short answer: no. Why? You may provide incriminating evidence you do not need to give. Such as this. Won’t I come off as a jerk by not doing what the cops tell me to? No. You can still be cooperative without being incriminating. Just politely decline to do the tests. The police cannot force you…

Last week, the Minnesota Supreme Court took a giant step backwards in its Fourth Amendment jurisprudence in State v. Lindquist. After not adopting the good-faith exception[1] nearly two years ago in State v. Brooks, the Court in Lindquist decided to change course and swallow the exclusionary rule by adopting it.[2] The majority in Lindquist decided…

In the wake of Axelberg v. Comm’r of Pub. Safety, the legislature decided to expand the scope of defenses available for implied consent hearings.[1] Now, a person may raise the common law affirmative defense of necessity in an implied consent hearing (Minn. Stat. 169A.53, subd. 3(b)(11); subd. 3(h)).[2] This means: did the person act out…

“Woop Ba-Woop Woop Wooop!” What the..? Is that a cop? Is it meant for me? What did I do? I wasn’t speeding. What is your first thought when you hear the dreaded wail of your friendly neighborhood police cruiser and realize it is for you? Wondering why a cop pulled you over is typically your…

Minnesota’s New DWI Law – .16 or More BAC is Now an Aggravating Factor: Resulting in a Gross Misdemeanor for First-Time Offenders Many new laws take effect tomorrow (August 1, 2015) in Minnesota. The most significant new DWI law deals with alcohol concentration levels. Most everyone knows the legal limit to drink and drive is…

You are young. On summer break. Life is good. You might spend all day streaming Netflix on your phone while pretending to fold clothes at your summer job at the Gap. All while making plans for your night. Which may involve drinking alcohol. If you drink, and you are under the age of 21, then…

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