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The Intoxication Defense (Part two)

Posted by Eric Olson | Feb 18, 2021 | 0 Comments

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.

The Intoxication Defense (Part one)

Posted by Eric Olson | Feb 18, 2021 | 0 Comments

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?

Posted by Eric Olson | Feb 18, 2021 | 0 Comments

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

Posted by Eric Olson | Feb 18, 2021 | 0 Comments

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.

Can Police Bring a Drug Dog to an Apartment Building

Posted by Unknown | Feb 18, 2021 | 0 Comments

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

Posted by Unknown | Jan 22, 2020 | 0 Comments

The Minnesota Court of Appeals has issued a recent unpublished opinion that clarifies under what circumstances the police are required to advise someone of their rights.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

Posted by Eric Olson | Nov 26, 2019 | 0 Comments

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.

Exigent Circumstances - Danger and Safety

Posted by Eric Olson | Jul 16, 2018 | 0 Comments

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?

Posted by Eric Olson | Jul 16, 2018 | 0 Comments

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

Posted by Eric Olson | Jul 16, 2018 | 0 Comments

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...

International Travel for Sex Offenders

Posted by Eric Olson | Jul 16, 2018 | 0 Comments

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

Posted by Eric Olson | Jul 16, 2018 | 0 Comments

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.

The effects of a DWI/DUI on your commercial drivers license

Posted by Eric Olson | Apr 16, 2015 | 0 Comments

If you are convicted of a DWI/DUI, you could face serious criminal, civil and professional consequences as a result. Those consequences will be even more severe if you carry a commercial driver's license (CDL). The effects of a DWI/DUI on your commercial driver's licensecan be catastrophic. If y...

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