“Vanessa’s Law” targets underage drinking and driving as the Minnesota law makes it a misdemeanor for anyone under the age of 21 to have anything to drink and then drive, operate or physically control a motor vehicle. If the underage driver is below a .08% alcohol level the revocation of their license will be for… Read more »
THE MINNESOTA POT LAW IS UNCONSTITUTIONAL!
THE MINNESOTA STATUTE REQUIRING A DEFENDANT TO SHOW THE SUBSTANCE IS NOT MARIJUANA UNCONSTITUTIONALLY SHIFTS THE BURDEN OF PROOF TO THE DEFENDANT. Minnesota Statute §152.01 Subd. 9 states: “Subd. 9.Marijuana. “Marijuana” means all parts of the plant of any species of the genus Cannabis, including all agronomical varieties, whether growing or not; the seeds thereof;… Read more »
Defense Lawyers Lobby To Change Minnesota DWI License Revocation Statute!
The Minnesota Association of Criminal Defense Lawyers (MACDL) and the Minnesota Society For Criminal Justice (MSCJ) are lobbying to change the Minnesota DWI license revocation statute. The bill that MACDL and MSCJ have put forward seeks to eliminate some of the impediments currently contained in the Minnesota DWI license revocation statute which discourage those individuals seeking… Read more »
Minnesota Supreme Court Orders Most Cases Continued To Protect Against Corona Virus!
On March 13, 2020 the Chief Justice of the Minnesota Supreme Court ordered that most judicial proceedings, including criminal cases, be continued to protect against the spread of COVID-19. The order goes into effect on March 16th and establishes temporary procedures for district court case processing. The Minnesota Supreme Court ordered the following: (1) All… Read more »
Court Rules: Any Left Turn Is All Right!
The Minnesota Court of Appeals ruled on Tuesday that anyone making a left-hand turn onto a road with two lanes in each direction may legally chose to enter either of the two lanes. The appellate court got involved after Kevin Birkland chose to appeal his DWI license revocation after the district court held the arresting… Read more »
Minneapolis City Attorney’s Office Is No Longer Seeking DWI Forfeitures of Vehicles
The Minneapolis City Attorney’s Office made the policy decision to not pursue forfeiture of vehicles for anyone arrested for DWI within the City. The city attorney made the decision after the forfeiture mitigation statute went into effect in the summer of 2019. Any forfeiture-eligible vehicles previously seized by the Minneapolis police, (and whose forfeiture had not… Read more »
Minnesota Supreme Court Rules DWI Forfeiture Statute Is Unconstitutional!
The Minnesota Supreme Court held today that the Minnesota DWI Forfeiture Statute is unconstitutional as applied to an “innocent owner” of the seized vehicle. In Olson v. One 1999 Lexus, the Court found that the forfeiture statute, which does not allow for a hearing until the underlying criminal case is resolved, is unconstitutional as to… Read more »
Minnesota Supreme Court Rules Some DWI Refusal Convictions Must Be Vacated!
On August 22, 2018, the Minnesota Supreme Court held, in State v. Johnson, that some Minnesota DWI Refusal Convictions which are based upon the failure to submit to a blood or urine test must be vacated. Convictions for refusal to submit to a data master breath test are not effected by the Supreme Courts ruling…. Read more »
How Will A DWI Conviction Affect My Ability To Drive a Motorboat, Snowmobile or ATV?
Anyone arrested on or after August 1, 2018 for a Minnesota DWI while operating an automobile will now also lose their privilege to drive or operate a motorboat, snowmobile, or all terrain vehicle. Prior to August 1st, those arrested for a Minnesota DWI in an automobile would not lose their privilege to drive other off-road… Read more »
University Study Shows Marijuana Drivers Are Not Impaired At the THC Legal Limit Set By Most States!
The University of Iowa has just released a study showing that marijuana does not have any impact on marijuana drivers when the driver’s THC levels were at or above the THC levels prohibited by many states. In the University study, drivers were assessed on weaving within the lane, how often the car left the lane… Read more »