This blog is part two of a two-part series discussing the intoxication defense. Included is information about how the intoxication defense can be presented in court. Part one discussed the two different types of intoxication defense, and when they can be used.
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The Intoxication Defense (Part one)
This blog is part one of a two-part series discussing the intoxication defense. Included is information about involuntary intoxication, voluntary intoxication, specific intent crimes, and general intent crimes. Part one discusses the two different types of intoxication defense, and when they can be used. Part two will discuss how the intoxication defense is actually used in court.
How much evidence do the police need to stop me?
How much evidence does an officer have to gather before the can legally conduct a traffic stop? This blog examines how easy it is for officers to conduct traffic stops and discusses a recent decision from the Minnesota Court of Appeals highlighting the low burden that must be met by officers conducting traffic stops.
The Implied Consent Advisory and the Right to an Attorney Following a DUI or DWI Arrest
Generally, following a DWI arrest, the Minnesota Implied Consent Advisory is read, the driver is given the opportunity to consult with an attorney, and the driver is asked to submit to a breath test. However, what happens when the Implied Consent Advisory is not read? This blog discusses a recent decision from the Minnesota Supreme Court that answers that question and also discusses how the decision can be applied going forward.
New Minnesota DWI Law to Take Effect August 1, 2018
The Minnesota Legislature passed new DWI laws set to go into effect on August 1, 2018. This blog discusses how the new laws differ from the existing laws and what that means for those facing DWI charges in the future.
Can Police Bring a Drug Dog to an Apartment Building
When can police bring a drug-sniffing dog to an apartment? In a recent opinion, the Minnesota Court of Appeals clarified rules for determining whether police officers may bring a drug-sniffing dog to the door of an apartment. The basic answer is that the police must have an “articulable suspicio...
Minnesota Court of Appeals Update: Miranda Rights
The Minnesota Court of Appeals has issued a recent unpublished opinion that clarifies under what circumstances the police are required to advise someone of their rights. This is important because it may allow a defendant to have their statements suppressed and even possibly have their charges dismissed.
DWI, Search Warrants, and the Right to Counsel
Generally, a person arrested for DWI is read the implied consent advisory and then asked to submit to a chemical breath test. Prior to submitting to a breath test, the person has the right to counsel. In certain cases, the person is presented with a search warrant and asked to submit a blood or urine sample. This blog examines whether there is a right to counsel prior to deciding whether to comply with a search warrant and discusses recent developments in the Minnesota Court of Appeals and Minnesota Supreme Court.
What happens if someone doesn't know that they are breaking the law?
People are often charged with crimes where they did not know that they were violating the law. Sometimes, the fact that they did not know they were breaking the law provides a defense to the charge. This blog examines ignorance of the law as a defense and discusses a recent Minnesota Supreme Court decision on the subject.
Exigent Circumstances - Danger and Safety
The Fourth Amendment and search warrant law are an increasingly complex area of the law. Of particular complexity are situations where a search warrant is not required. This blog will discuss a few types of exigent circumstances that can justify a warrantless search.
When can an officer pull you over?
The question of when an officer can pull someone over is a seemingly simple question with a complex answer. In this blog is a discussion of reasonable and articulable suspicion, including an overview of a recent Minnesota Court of Appeals decision.
Due process challenges to driver's license revocations
On March 28, 2017, the Minnesota Supreme Court agreed to hear a case involving the Minnesota Implied Consent Advisory and its Fourth Amendment and Due Process considerations. As some of our readers may know, Implied Consent has been the subject of a great deal of litigation in the last several ye...
Attorney's duty to inform clients of immigration consequences of criminal offenses
The climate of immigration law has become an increasingly turbulent one in the last few months. Persons who had previously felt secure in their ability to stay in this wonderful country of ours now have to consider the immigration consequences of their actions much more seriously. So, too, does any cr...
What happens when you refuse to unlock your smartphone for police?
The cellular phone and smart phone have almost become more necessary to the daily lives of many Americans than their car. We bank with them, send work emails on them, talk with family members and friends across the country on them, store pictures of our most cherished moments on them, and some Am...
How can someone get a DWI if they weren't driving?
Can someone get a DWI if they are not driving? What if the keys are not in the ignition or the vehicle is inoperable? This blog discusses these questions in the context of Minnesota law, including a recent unpublished Court of Appeals decision.
Can the police make you unlock your phone?
As cell phones have become a bigger part of every day life, so too has their use in criminal investigations. This blog discusses when police can make you unlock your phone so that they can search its contents.
International Travel for Sex Offenders
A conviction for a sex offense can carry a variety of collateral consequences aside from the usual jail time, probation time, fines, or combination thereof. This blog looks at the impact a conviction for a sex offense can have on an offender's ability to travel to other countries.
Right to an Attorney Following a DUI or DWI Arrest
When someone is arrested for DUI or DWI, the law requires that they be given a reasonable amount of time to contact an attorney before deciding whether or not they will submit to a chemical breath test. This blog examines what a reasonable amount of time is and discusses a recent Minnesota Court of Appeals decision on the issue.
Can I plead guilty without admitting I did anything wrong?
Many people have heard of an Alford plea, but not many people truly understand what it means to make an Alford plea. This blog will explain what an Alford plea is and how an Alford plea is entered in court.
Police allowed to use drug dogs to sniff outside your homes front door?
The Minnesota Supreme Court has recently agreed to hear a case involving the use of drug detection dogs inside secure apartment buildings. The Supreme Court's ruling is likely to impact how police use their drug detection dogs as well as the privacy rights enjoyed by ordinary citizens.
What if the police didn't read you your “Miranda” rights?
A common misconception is that officers must read someone their rights when placing them under arrest. However, what is portrayed on tv is not consistent with what is required by law. This blog examines when officers are required to read a suspect their rights, also known as providing a Miranda warning.
College students and DWI’s – the hazards of going back to school
More than 5,000 underage students die each year from alcohol-related incidents, with nearly 40 percent being a direct result following a drinking and driving crash, according to the National Institute on Alcohol Abuse and Alcoholism. Those fortunate enough to survive an underage drinking and driv...
DWI vehicle forfeiture – what does this mean in Minnesota?
Under current Minnesota DWI law, police can seize and forfeit the vehicle you were driving when arrested for DUI/DWI. If certain legal factors are met, the police will provide you with a Notice of Vehicle Forfeiture and seize your car. The legal right, title, and interest in the vehicle immediate...
What are the degrees of DWI in Minnesota?
Minnesota DUI laws are segmented into first, second, third and fourth degrees. The lower the severity of the offense, the higher the degree of the charge. The degree of your DWI/DUI is based on what we call aggravating factors. Aggravating factors are prior DWI/DUI's in the past 10 years, having ...
Warrantless blood testing in Minnesota
What began as a routine traffic stop in 2010 worked its way up to the United States Supreme Court in 2013. Today, we'll take a deeper look at the case of Missouri vs. Tyler G. McNeely, warrantless blood testing and what it means in Minnesota. Missouri vs. McNeely On October 3, 2010, patrolman M...