Category: DWI

Woman accused of CVH in alleged drunk driving crash in Lakeville

Dakota County prosecutors accuse an Apple Valley woman of criminal vehicular homicide after a fatal car and motorcycle accident claimed the life of a Burnsville man last week. Police claim that the Burnsville, Minnesota, man was riding his motorcycle on 160th Street in Apple Valley.

Minnesota court upholds traffic stop after ‘fire drill’ prank

In late June the Minnesota Court of Appeals ruled that a traffic stop following a fake “fire drill” at a Mankato intersection was reasonable under the law. In general, the Fourth Amendment does not allow officers to conduct an investigatory stop without a sufficient level of reasonable suspicion that some kind of unlawful conduct is happening. That is a simple hunch that something is awry is not a proper basis for police to stop a vehicle.

Minnesota judges continue to rule against implied consent law

We have discussed the issue of warrants in drunk driving investigations—an issue that was highlighted recently when the United States Supreme Court ruled that in a routine DWI investigation law enforcement acted improperly in seeking a blood sample without a warrant. The high court ruled the defendant’s constitutional rights were violated.

Austin woman gets stay of adjudication on drug charge in DWI case

A woman who had been accused of driving while impaired by drugs, felony drug charges and other offenses reportedly agreed to plead guilty to a misdemeanor DWI and felony drug possession charges in exchange for a probationary sentence that may allow her to avoid having the felony conviction entered onto her permanent criminal record.

Off-duty cop arrested in Rosemount for DWI, fleeing and more, P.1

The idea of cellphone use in a motor vehicle has garnered a great deal of attention in recent years across the country. Some commentators and highway safety officials say that distracted driving is an epidemic. Yet, law enforcement often receives reports via cellphone from motorists reporting pother drivers.

Erin Brockovich arrested for misdemeanor boating while impaired

A wildlife official in the desert Southwest says that he noticed a woman having difficulty mooring a boat on Lake Mead over the weekend. Officials say that the woman was alone on the boat Friday as she tried to moor the boat. The woman turned out to be Erin Brockovich, an environmental activist who became well-known after she was portrayed by Julia Roberts in a movie named after Brockovich.

Breath test leads to drunk driving charges being dropped

When someone is charged with a crime in St. Paul, there must be sufficient evidence that supports the charge. While the evidentiary requirement is far lower than what is needed to convict someone, a grand jury cannot indict someone on a crime unless there is some form of credible evidence. If someone is charged with no evidence, however, a judge can dismiss the charges for lack of evidence, which is what a judge did after actor Jeffrey Wright’s breath test indicated he had no alcohol in his system following an arrest for drunk driving.

NTSB recommends 0.05 percent for state DWI charges, P. 1

Earlier this month the National Transportation Safety Board made a recommendation that states should lower the legal limit to drive to 0.05 percent blood alcohol concentration. Readers of this blog may understand that Minnesota law currently sets the legal limit at 0.08 percent–that is the point at which the law presumes impairment of any driver, regardless of other factors. Generally, Minnesota’s DWI laws allow authorities to seek DWI charges based upon alleged evidence of impairment without the alcohol test, but many cases involve multiple charges as prosecutors hope to cover their bases.

Hastings mother charged with DWI with kid in car

Alleged aggravating factors associated with a drunk driving arrest can increase the level of charge that authorities may seek under Minnesota law. Generally, people may expect that a prior, or several prior, DWI convictions within the 10-years preceding a new DWI arrest will enhance the new charge to a higher level of offense. But, other aggravating factors may be alleged in enhance a charge–even for a first time offender.

Police get warrant for May 1 DWI blood draw

Authorities in Hennepin County reportedly obtained a warrant to draw blood in an alleged drunk driving investigation on May 1. Authorities claim that a St. Cloud, Minnesota man led an off-duty Plymouth police officer on a chase that began in Maple Grove near Interstate 94 and Weaver Lake Road. Hennepin County deputies and officers from the Rogers Police Department reportedly were also involved.