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DWI Update Post-Bernard v. Minnesota

In the wake of the United States Supreme Court’s decision in Bernard v. Minnesota,[1] speculation ensued about how courts would apply the high court’s analysis. So far, two significant cases indicate the direction judicial officers are pointing us. Those cases are Hexom v. Minnesota and State v. Otto. In Hexom, he petitioned for a writ…

Bernard v. Minnesota: The Impact of the U.S. Supreme Court’s Decision on DWI Cases

As the dust settles on the United States Supreme Court’s (SCOTUS) decision in Bernard v. Minnesota, what happens to DWI cases in Minnesota? The answer mainly depends on what type of test the driver took or refused to take. Breath Tests SCOTUS gave Its stamp of approval on Minnesota’s DWI Refusal law as it applies…

Coming Soon: Bernard v. Minnesota Decision from SCOTUS

Only thirteen cases remain without a decision in the 2015 term for the Supreme Court of the United States (SCOTUS). To date, the Court reached decisions in sixty-eight cases. Over the next eight days, the Court will convene three times: two non-argument sessions and one conference. Many scholars believe the Court will issue any remaining…

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