Mentally Incapacitated Does Not Include Voluntary Intoxication in MN Criminal Sexual Conduct Cases: State v. Khalil Recently, Minnesota’s Supreme Court addressed the definition of mental incapacitation in the criminal sexual conduct statutes in State v. Khalil. Specifically, the court evaluated whether mental incapacitation includes someone who is voluntary intoxicated. Focusing on the word “voluntary”, the…

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….

On Monday, the Minnesota Court of Appeals reversed a driver’s license revocation from one of our very own cases in LaClair v. Commissioner of Public Safety.  In ruling in our favor, the court of appeals touched on a popular topic: when is law enforcement allowed to enter private property? Constitutionally protected areas, such as a…

Believe it or not, Minnesota courts often engage in defining simple words, such as “stop” and “at”. This exercise even occurs at Minnesota’s highest court – the supreme court. Recently, it did just that in State v. Gibson, Jr. This case addressed whether a peace officer has a lawful basis to stop a driver who…

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…

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…

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