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…
Minnesota appellate courts continue to beat down constitutional rights for drivers in MN DWI blood test cases.[1] This time, the onslaught continued in State v. Wood. While Appellant Wood’s unfortunate result was significantly impacted by unlucky timing, he also was on the receiving end of the appellate bench favoring search warrants over statutes. Importantly, Wood’s…
The constitutional right to have an attorney is firmly stamped in today’s modern legal system. Where the right to consult with an attorney begins and ends, however, is a more difficult area to address. This exact issue is being addressed on oral argument in front of the Minnesota Supreme Court on January 9, 2019. The…
Ever walk in downtown Saint Paul or Minneapolis and an electric scooter whips by your ear? Yeah, me neither. These fun new methods of transportation are emerging in the twin cities as quickly as flies at a BBQ. Companies are dropping off these devices across the nation like fliers from a blimp. All you need…
Some people will do whatever a police officer asks them to do. Many of us are trained to obey authority and will cooperate by any means possible. How dare we be labeled as disobedient. Others, are a little more skeptical as distrust of authority and law enforcement can run deep. Some neither want to be…
In the land of 10,000 lakes, it is a staple of most summers to spend some time out on the water. Whether by boat, jet ski, or other watercraft, many Minnesotans will venture out into one of our majestic lakes or rivers during the boating months of May to October. Getting out on the water…
The Minnesota legislature was active this session passing a wide variety of new DWI laws. They go into effect statewide this Saturday, July 1st, 2017. Some changes are in response to the new landscape under Birchfield[1] and some are laws that failed to pass last year. As expected, Minnesota Implied Consent Advisory is changing to…
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