First of all, bail is an amount of money that a judge may set on a criminal case. If bail is set, then the bail amount must be posted to the jail before the accused can be released from custody. As long as the accused makes all of his or her court dates and abides by all conditions of release,...
Yes. First of all, vehicles can be forfeited for a number of non-DWI-related crimes, but that’s a subject for another time. Under the Minnesota DWI forfeiture statute, a motor vehicle is subject to forfeiture if used in the commission of a designated DWI offense, which requires a conviction, or was used in conduct resulting in a designated-license revocation. There are...
A limited license, otherwise commonly known as a “work permit,” is an option for people to drive who have had their privileges withdrawn. Faced with the prospect of not being able to drive for an extended period of time, a limited license is a great option for a lot of people. Limited licenses may be issued to those who had...
Today, the Minnesota Supreme Court released its decisions in State v. Trahan and State v. Thompson, striking down the Minnesota test refusal statute as it applies to refusing to submit to blood and urine tests in the context of a DWI arrest. In Trahan, the driver was charged with gross misdemeanor test refusal when he refused to consent to giving...
Yes. The police can question children without parental permission. Children can be questioned about something they may have witnessed or their involvement in criminal activity. However, no one, neither adults nor children, can be forced to speak with the police. Just as adults can decline to speak with police, so can children. And if a child requests a parent, lawyer,...
Police in several major cities have been trying out a new form of surveillance that calls into question our perceived sense of privacy. One of the pioneers in this field, Persistent Surveillance Systems (PSS), has created a method for providing constant, real-time aerial surveillance of entire swaths of major metropolitan areas. Using high-powered cameras mounted under aircraft and sophisticated processing...
Highly unlikely. Over the past decade or two, dashboard-mounted police squad vehicle cameras have proliferated across Minnesota law enforcement agencies. Accordingly, squad video has become common evidence in cases involving traffic stops. But just because squad video may not exist in some criminal cases, that does not mean the prosecutor will dismiss the case. In these situations, it just means...
No, as long as we’re talking about a push-pedal bike and not a motorbike. Minnesota DWI/DUI laws only criminalize driving, operating, or being in physical control of motor vehicles. Under Minnesota law, motor vehicles are those that are self-propelled or propelled by electric power obtained from overhead trolley wires, including motorboats in operation and off-road recreational vehicles. People have picked...
Some police departments in Minnesota are already equipped with body cameras. More departments are now likely to adopt them after Minnesota Governor Mark Dayton recently signed a bill into law that sets regulations for the cameras’ use effective August 1, 2016. In the wake of recent officer-involved shootings, such as Michael Brown in Ferguson and Jamar Clark in Minneapolis, the...
It’s 1:43 am and your phone is ringing. Your stomach drops. This can’t be good news, and it’s not. A loved one is calling from the police department saying they have just been arrested for DWI, and they want to get out ASAP. What can you do?