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Category: DWI

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.

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.

Warrantless DWI Testing Tossed In Stearns Co. DUI/DWI

Max Keller of Keller Criminal Defense Attorneys recently won the first known victory on the McNeely warrantless DWI testing issue in an Order from Judge Grunke in a Stearns County DWI Implied Consent hearing challenging a Driver’s License Revocation. Two other Judges recently issues similar rulings in a Washington County DWI and a Sibley County DWI. So, as you can see, judges from all over the state are beginning to wake up and realize that the Constitutional applies to DWI defendants as well as to everyone else. Judges in Minnesota and elsewhere are concluding that warrantless DWI tests are illegal and unconstitutional.

2-week push by Minnesota police officers to ticket drivers

Although many in Minneapolis may not think driving violations are that big of a deal, they can certainly cause drivers considerable trouble. For some of the most serious traffic violations, a driver could lose his or her license, will likely have to pay a fine and may see an enormous increase in insurance prices. There are some traffic violations that also come with criminal charges. Moreover, if police stop a driver for something like speeding and then believe that he or she had been drinking, he or she could find him- or herself in even more trouble.

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