Lexie Stein of Keller Law Offices got a blood test thrown out after the police officer failed to get a search warrant in a driving under the influence of a controlled substance case. Ms. Stein’s client was charged with driving under the influence of a controlled substance after she got into an accident on the highway. Her client was charged with Misdemeanor DUI. Ms. Stein challenged the blood test when the officer failed to get a a search warrant before taking a sample of her client’s blood. After a Rasmussen hearing with officer testimony, the judge ruled that the blood sample was illegally obtained. Ms. Stein’s client pleaded guilty to a petty misdemeanor inattentive driving ticket and the DUI charge was dismissed. The client was ecstatic that she avoided a DUI conviction and was able to keep her criminal record clean. If you were charged with a DUI/DWI and submitted to a urine or blood test, find out whether a search warrant was obtained.
Ms. Stein cited many cases but relied heavily on the State v. Trahan case, were the supreme court of Minnesota held that a defendant cannot be prosecuted for refusing to submit to an unconstitutional warrantless blood test and the test refusal statute is unconstitutional. The court held that a warrantless blood test is a violation of the Fourth Amendment and that Trahan could not be prosecuted for refusing to submit to an unconstitutional warrantless blood test. If you have been charged with a DUI/DWI, contact a DUI attorney in Minnesota right away. If you have been charged with a DUI and submitted to a warrantless urine or blood test, contact our office immediately. DUI/DWI laws are constantly changing and it is important to hire an experienced DUI attorney to represent you in court.
Max Keller and Lexie Stein are both 24-hour criminal defense lawyers. Because Max Keller and Lexie Stein are 24-hour criminal lawyers, the phones are answered in the middle of the night to offer guidance to individuals in custody. A 24-hour criminal lawyer is always available and willing to talk to people who are seeking legal advice. Keller Law Offices also offers a free consultation. The 24-hour criminal lawyers at Keller Law Offices will take the time to find out the facts and circumstances before giving any legal advice. Call 952-913-1421 if you have been charged with a crime. Contact our office for a free case evaluation.