Driving Without a Valid License on Private Property is Permissible Recently, the Minnesota Court of Appeals overturned a driving with a cancelled driver’s license and DWI because the driver was driving on his driveway when the officer arrested him. In State v. Velisek, the court reversed Velisek’s convictions because the statute prohibiting a person with…
Attorney Ben Koll Wins Motion to Suppress and Dismiss in DWI Case Recently, Attorney Ben Koll of Ambrose Law Firm won a motion to suppress and dismiss all charges in a Hennepin County DWI case. Here is a recap of his victory. In the Spring of 2020, just after the death of George Floyd, T.R….
“Have you been drinking?” Legal Question Says MN Supreme Court During DWI Traffic Stop Recently, the Minnesota Supreme Court waded into the waters of DWI traffic stops. In State v. Taylor, a cop approached a driver and asked him if he had been drinking. What is so wrong with that question, you ask? The officer…
New License Plate Impoundment / Whiskey Plates Law Whiskey Plates or Special Registration Plates are a requirement for drivers and vehicle owners who have been served an Order of License Plate Impoundment pursuant to DWI offenses. The Minnesota Legislature recently enacted a new law that allows for people to remove whiskey plates from their vehicles…
What is the Difference Between an Administrative Review and Judicial Review? MN DWI Laws Upon being arrested for a DWI in Minnesota, you will receive a notice and order of revocation for your driving privileges, if you took a breath test that resulted in an alcohol concentration of .08 or more or if you refused…
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…
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