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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.

Prosecutors across the country began arguing in the wake of the McNeely decision finding the warrantless blood draw that the case only included blood tests. But judges in Minnesota have been giving some mixed rulings in other types of DWI investigations.

The St. Cloud Times recently reported that four Stearns County judges have found Minnesota’s implied Consent law is unconstitutional. Two others reportedly have disagreed in specific cases, according to the Times. An Anoka County judge ruled that an implied breath test after a traffic stop for a malfunctioning tail light was unconstitutional because it was conducted without a warrant.

Followers of this blog may not be surprised to hear that a growing number of Minnesota judges are applying U.S. Supreme Court precedent to Minnesota’s implied consent laws. Last month we discussed the issue as judges in Minnesota and Arizona began addressing the issue anew after the nation’s highest court issued its ruling. But, with a smattering of rulings coming out with a different result, the issue may be headed for a criminal appellate ruling.

A person accused of a crime has the right to defend against the charges in court. Many Minnesotans understand the concept, but it is important to note that a person convicted of a crime, including DWI, continue to have rights in court. A person can appeal the conviction, but timing is important.

Anyone who feels that the trial court process resulted in a wrongful DWI conviction can consult with legal counsel knowledgeable in criminal appeals to learn what appellate defenses may be available in a specific set of circumstances.

Source: The St. Cloud Times, “DWI case could mean changes for law enforcement,” Davis Unze, June 29, 2013

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Stay calm and compose after getting accused of a crime but not charged in Minneapolis, MN. Do not discuss the facts of your case with anyone, including your relatives and family members. Hire a criminal defense attorney with a demonstrated record of winning cases like yours. Your attorney will discuss your rights, guide you on how to cooperate with law enforcement within the legal boundaries, and build a solid defense strategy to fight the charges you could face in the future.
Expungement and sealing of records in Minnesota affect how your criminal history appears to government agencies and the public. The main difference between the two legal actions is that expungement permanently removes past arrests, criminal charges, or convictions from private and public databases, while sealing hides the criminal record from the public. Courts, government entities, and law enforcement agencies can access sealed criminal records.
Minnesota recently passed a public safety bill that brings sweeping changes to the state’s juvenile justice system. While minors sometimes run afoul of the law, the juvenile justice system seeks to account for the differences between children and adults. Therefore, while the penalties for adults convicted of crimes focus on punishment, those for juveniles are aimed at diversion and restorative practices.