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DWI or driving while under the influence of Alcohol or other drugs can be dangerous to the driver, passengers, or bystanders, or people in another car. Unfortunately, people who try to prevent DWI’s can be injured too, even by accident, in ways they never anticipated. This weekend, a man who tried to stop his daughter from getting a DWI got run over and killed by accident. This is an extremely tragic “accident.”
With the unofficial start of summer underway, Minnesota state police are sure to be out in full force to crackdown on drunk driving. In fact, the police crackdown on drunk driving in Minnesota was ramped up just a few weeks ago with Minnesota’s fishing opener earlier this month.
A warrant is a legal document that gives the police the authority to make an arrest or search a premises. There are two common types of warrants: arrest warrants and search warrants.
The Ignition Interlock Device is an in-car Breathalyzer that, when used correctly, prevents drunk drivers from driving. The Ignition Interlock system is a device installed near the steering wheel that is about the size of a hand-held calculator and includes a blowing tube. The driver must blow into the tube before starting the vehicle and if the alcohol concentration level after the driver blows into the tube is above a certain limit, the device will prevent the vehicle from starting. The device is installed near the steering wheel and connected to the engine.
One of the most frequently asked questions by clients who have been charged with a DWI offense is: Can I still drive if I have am convicted of a DWI?
Because most DWI offenses carry some loss of driving privileges, it is important that you take the charges seriously. First and second offenses typically result in a temporary loss of driving privileges, but a third offense can result in a license cancellation. If you are a repeat or felony DUI offender, it could also face vehicle forfeiture.
In Minnesota, there are two types of pre-trial asset restraints and these include civil asset forfeiture and criminal asset forfeiture. Civil asset forfeiture occurs when the government takes assets from the owner after providing some sort of notice about the impending action. In these cases, no conviction or criminal charge is necessary. In criminal asset cases, the government can seize property from a person before a trial if the owner has committed a crime.
In the recent case, Missouri v. McNeely, the U.S. Supreme Court ruled that police officers must obtain a warrant before subjecting a suspected drunk driver to a blood test. Justice Clarence Thomas was the only justice to oppose the decision, making the final vote eight to one.
Entrapment refers to any situation where a person is induced or persuaded to commit a criminal offense by a police officer so that they can obtain evidence to prosecute that person. However, it is important to understand that entrapment does not refer to situations where the person was already pre-disposed to commit a crime and the law enforcement official was merely present to witness the action.
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