Recent Posts in DWI Category
Posted on Feb 13, 2012 By Minneapolis Criminal Defense Attorney
In a decision that completely avoided the real issue, the Supreme Court ruled in State v. Herman Tanksley, Jr. that blood alcohol concentration is irrelevant to a DWI charge of driving with an alcohol ...
Continue reading "Supreme Court Rules that Blood Alcohol Concentration Irrelevant to DWI Offense Where Urine Test Conducted" »
Posted on Jan 30, 2012 By Minneapolis Criminal Defense Attorney
The Minnesota Supreme Court will soon be reviewing Minnesota vehicle forfeiture law. The Minnesota Court of Appeals already considered Minnesota vehicle forfeiture law in a decision filed October 31, ...
Continue reading "Vehicle Forfeiture Law to be Reviewed by Supreme Court" »
Posted on Jan 19, 2012 By Minneapolis Criminal Defense Attorney
The Minnesota Court of Appeals recently considered whether posting nude and partially nude photos of an ex-girlfriend at her place of work is harassment in State of Minnesota vs. James Charles ...
Continue reading "Posting Nude Photos of Ex-Girlfriend is not Harassment says MN Court of Appeals" »
Posted on Dec 22, 2011 By Minneapolis Criminal Defense Attorney
Particularly during the holidays, it is not uncommon to see reminders that extra DWI enforcement will be out. If after a night of merriment, you happen to be stopped by law enforcement, here are some ...
Continue reading "What Should I Do if I'm Stopped for DWI?" »
Posted on Nov 22, 2011 By Minneapolis Criminal Defense Attorney
The conviction of a Defendant found guilty of 3 counts of criminal vehicular homicide has been overturned by the Minnesota Court of Appeals, and he will be given a new trial. In State v. Jeremy Scott ...
Continue reading "Criminal Vehicular Homicide Victim's Alcohol Consumption Relevant" »
Posted on Oct 16, 2011 By Minneapolis Criminal Defense Attorney
A district court decision that held a driver charged with DWI had been illegally seized was reversed by the Minnesota Court of Appeals recently in the unpublished opinion State v. Derek Wayne Johnson ...
Continue reading "DWI Illegal Seizure Overturned" »
Posted on Sep 1, 2011 By Minneapolis Criminal Defense Attorney
Seemingly innocent behavior can create reasonable suspicion officers need to justify a traffic stop if the behavior is repetitive. About 3:00 p.m. on January 23, 2009, two Minneapolis police officers ...
Continue reading "Traffic Stop Permitted for Repetitive Conduct" »
Posted on Aug 9, 2011 By Minneapolis Criminal Defense Attorney
The Court of Appeals upheld a refusal to submit to chemical testing and possession of drug paraphernalia convictions after he was arrested for DWI in an opinion filed August 8, 2011. Defendant William ...
Continue reading "Refusal and Drug Paraphernalia Convictions Upheld by Court of Appeals" »
Posted on Jul 2, 2011 By Minneapolis Criminal Defense Attorney
As of July 1, 2011, the Minnesota DMV ceased issuing work permits or limited driver's licenses to first-time DWI offenders whose alcohol concentration was above 0.15 and all to any repeat DWI ...
Continue reading "New Ignition Interlock Driver's License Program for DWI Offenders" »
Posted on Jun 27, 2011 By Minneapolis Criminal Defense Attorney
Two Minnesota Court of Appeals opinions filed June 27, 2011, allow for officers to obtain a urine sample from a driver suspected of DWI without first obtaining a search warrant. See Ellingson v. ...
Continue reading "No Warrant Required to Obtain Urine Sample" »
Posted on Jun 19, 2011 By Minneapolis Criminal Defense Attorney
An unpublished Court of Appeals opinion filed October 5, 2010 upheld a DWI stop that was based entirely on a citizen's report. See State v. Lehmeyer . The officer that stopped the vehicle did not ...
Continue reading "DWI stop based soley on citizen's report found to be legal" »
Posted on Jun 18, 2011 By Minneapolis Criminal Defense Attorney
Minnesota case law regarding refusal to submit to chemical testing was further expanded in a published opinion filed December 21, 2010. In the case, Defendant was convicted in district court of ...
Continue reading "Driver Who Verbally Agrees To Testing May Still Be Charged With Refusal: Direct or Circumstantial Evidence May Support Refusal to Test Charge" »
Posted on Jun 17, 2011 By Minneapolis Criminal Defense Attorney
In the late spring of 2011, the Minnesota Court of Appeals considered an interesting driver's license revocation case, Swanson vs. Commissioner of Public Safety . In this case the Petitioner ...
Continue reading "Should a search warrant be required before obtaining a urine sample from a driver suspected of DWI?" »
Posted on Jun 13, 2011 By Minneapolis Criminal Defense Attorney
In State v. James Anthony Brown, Jr., filed June 13, 2011, the Court of Appeals reversed a district court order finding Brown guilty of DWI for an incident that occurred while he was driving a ...
Continue reading "DWI Conviction Overturned for Intoxicated Man Operating Mobility Scooter" »