Marijuana DWI Conviction Requires Actually Being Under the Influence of Marijuana You can get a Marijuana DWI in Minnesota. But, under Minnesota law, you must actually be under the influence of marijuana. Mere presence of marijuana in your system is not enough. Recently, the Minnesota Court of Appeals addressed this topic in State v. Berger….
Objects Hanging from Your Rearview Mirror Can Get You Pulled Over You’ve seen it. You may have done it yourself. You may have something hanging from it right now. Objects hanging from your rearview mirror can get you pulled over by law enforcement in Minnesota. The rearview mirror is a popular place to hang your…
Recently, the Minnesota Court of Appeals affirmed the principle that old DWI Refusal convictions may be thrown out if a peace officer requested a blood test without a warrant and without an exception to the warrant requirement. The vast majority of cases applicable to this situation will be from before the seminal cases in 2016….
The Minnesota Legislature is attempting MN DWI vehicle forfeiture laws. Last summer, a law went into effect allowing drivers to get their vehicles back, after they have been seized from a DWI-related offense, if they became program participants in Minnesota’s Ignition Interlock Program – routinely called the ignition interlock exception. This exception became a major…
The Minnesota Legislature is busy working to amend MN DWI vehicle forfeiture laws. Among the most prominent changes on the table will impact innocent owner claims and the ignition interlock exception. The bill passed the House State Government Finance Division and was referred to the Ways & Means Committee. It is gaining steam and there…
More than 131 million adults are on prescription medication in the United States. That is 66%, or two-thirds, of adults walking around while some amount of prescription medication in their bodies. Back pain, arthritis, mental health, digestive issues, are only a fraction of the reasons why some people take medication. A health professional prescribes it…
You wake up in the hospital, an IV in your arm, handcuffed to a gurney, and a concerned nurse looking over at you. All you remember is being out with friends, getting in your car, the red and blue lights, and a police officer saying you are under arrest. Then nothing, a blank void in…
Widely believed as the most reliable chemical testing method for DWI cases, blood tests are splattering the headlines recently. In Minnesota, the company that provides blood test sample kits issued a recall notice for many kits distributed after November 1, 2018. On Wednesday, the Minnesota Supreme Court narrowly decided drivers do not have a right…
Starting July 1, 2019, a new Minnesota DWI vehicle forfeiture law will add a whole new dimension to the forfeiture landscape. The new law will allow a driver to get their car back if they install ignition interlock on the vehicle. This can change the forfeiture game substantially. Before this new law, anyone trying to…
Yesterday, the Minnesota Supreme Court issued one of the most anticipated opinions regarding DWI laws this term. The high court determined whether MN’s DWI forfeiture law was unconstitutional on its face; was unconstitutional as applied to the innocent owner of the vehicle; and was unconstitutional as applied to the driver of the vehicle. The court decided…