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Category: DWI

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.

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.

Warrantless DUI/DWI Tests Tossed in McNeely Opinion by Supreme Court

Today the United States Supreme Court decided the DWI case of McNeely v. Missouri. We have previously blogged on this case several times. In summary, the high Court said that police cannot take a DWI blood sample from a driver without his consent where they also did not have a warrant. This means that Warrantless DWI Tests are unconstitutional, illegal, and should not be allowed. Thus any DUI/DWI test evidence gathered without a warrant should be tossed out by a Judge.

Police arrest man at Eagan fast food joint for felony DWI

Police in Lakeville, Minnesota say that the manager of a Cedar Avenue fast-food restaurant called to report a driver sleeping at the wheel in the restaurant’s drive-thru lane. The man apparently had ordered food and police claim that he took a nap while waiting for his order. Restaurant workers claim that the staff was able to awaken the man and he pulled forward to clear the drive-thru.

Felony test refusal charges filed in Southern Minnesota

A Southern Minnesota man is accused of felony test refusal after being arrested on the property of an Austin, Minnesota business April 10. In addition to the test refusal charge, authorities have brought charges of felony DWI, and two misdemeanor offenses alleging driving after revocation and fleeing an officer on foot.

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