Page 77 – Keller Criminal Defense Attorneys

May: 03, 2013

How would medical marijuana affect drug crimes in Minnesota?

Many people in Minneapolis and St. Paul may be wondering what changes a new medical marijuana bill could have on the criminal justice system if it becomes law next year, including how drug offenses will be prosecuted. With many states passing medical marijuana laws of their own, there may be concerns about being wrongfully charged with or convicted of drug crimes.

May: 03, 2013

Man wrongfully sent to prison for 9 years on false confession

While our blog has talked extensively about how important it is for Minneapolis and St. Paul residents charged with a crime to seek out the help of an experienced criminal defense lawyer, the following story shows just what can go wrong if you do not ask for a lawyer immediately after being arrested. Though the story does not happen in Minnesota, it is important reminder that it is essential to understand your rights and the legal ramifications of talking to police.

May: 03, 2013

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.

May: 03, 2013

Sex offender registration raising debate on how much is too much

Last week we talked about the damage that comes with someone being forced to register as a sex offender while still a child. There are numerous issues that arise when someone finds out about a former offender’s status, both for children and adults, making it very important that only the most dangerous people be added to the Minnesota Sex Offender Registry. Unfortunately, there are a variety of people who are added each year, many of whom pose no threat to the communities in which they live.

Apr: 29, 2013

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.

Apr: 29, 2013

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.

Apr: 29, 2013

Southern Minnesota man sentenced for felony DWI on motorized bike

An Austin, Minnesota man was sentenced earlier this month on a felony driving while impaired conviction involving allegations that the man had been driving drunk on a motorized bicycle. Mower County, Minnesota officials claim that the 44-year-old was riding the motorized scooter without any headlights around 2:00 in the morning on July 31. An Austin police officer observed the man run a stop sign and travel on the wrong side of the road before the cop pulled him over, according to the criminal complaint.

Apr: 29, 2013

Blaine Police: Road rage incident leads to felony DWI charges

Authorities filed felony drunk driving charges against a Jordan, Minnesota man Monday in Anoka County, Minnesota. Police in Blaine claim that a driver called 911 to report that another driver was tailgating and trying to pass on the right. The caller claims that he pulled over and the second driver followed suit-and threatened the man who had pulled over. Police claim that the caller said that the tailgating driver smelled of alcohol.

Apr: 29, 2013

Warrantless 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 DWI test evidence gathered without a warrant should be tossed out by a Judge.

Apr: 29, 2013

Court: search warrants generally required for DWI blood draws; Warrantless DWI Tests Outlawed

The United States Supreme Court ruled Wednesday that the natural dissipation of alcohol in the human bloodstream is not a sufficient justification by itself to avoid the warrant requirement to conduct a blood draw in a routine drunk driving investigation. The long awaited McNeely decision (we previously previewed the McNeely case and its potential impact on Minnesota DWI cases last month) says that circumstances may arise in individual cases that make obtaining a warrant impractical, but the natural dissipation alone is insufficient to conduct a warrantless blood draw after a driving while impaired arrest.

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