Effective as of August 1, 2019, a few changes have been applied to the DWI statute. The law has historically been that a person who violates §169A.20, the DWI statute, is guilty of a first-degree DWI if that person: (1) commits the violation within ten years of the first of three-or-more prior DWI incidents; (2) has been previously convicted of...
As of August 1, 2019, a handful of new criminal laws went into effect in Minnesota. Below is a shortlist to keep you in the loop: Hands Free: Holding your phone while driving is a crime, unless required for obtaining emergency assistance, if there is a threat to life and safety, or in an authorized emergency vehicle performing official duties....
Nationally, roadblocks are legal. The United State Supreme Court ruled that it is not unconstitutional for a roadblock to check for sobriety or to ask questions to the general public in response to a crime. However, temporary roadblocks to stop cars and investigate a larger number of drivers in the hope of discovering alcohol-impaired driving violates Minnesota’s constitution (Min. Const....
Those required to register as predatory offenders must provide, among other personal information, their primary and secondary addresses, and any vehicles they own or regularly drive. All information must remain up to date; by not updating, one is deemed “non-compliant.” If a person fails to comply with the registration requirements, information about the offender may be made available to the...
Yes. You are able to request that all records of your file be destroyed if either of the following circumstances occurred following your arrest: all charges were dismissed prior to a determination of probable cause; or the prosecuting authority declined to file any charges and a grand jury did not return an indictment. If one of the above circumstances is...
The short answer is no, not unless “impaired” driving can be proven. According to Minnesota Statute 169A.53 subd. 3(i), relating to license revocation, if you are lawfully prescribed medications from a healthcare professional, an affirmative defense to the implied consent law is established. This means that the presence of a substance I or II controlled substance given in accordance with...
You were recently pulled over for a minor traffic violation. The officer walked up to your vehicle, stated they smelled the odor of marijuana and asked if you had been smoking. You responded that you hadn’t. The officer asked if you have any marijuana on you and you again responded in the negative. The officer then asked if you could...
One’s right to a speedy trial is guaranteed under both the United States Constitution (VI amendment) and the Minnesota Constitution (Article I, Section 6). In Minnesota, defendants hold the right to request a speedy trial. Once a plea other than “guilty” is entered and the demand for a speedy trial is made by a defendant or prosecutor, the trial is...
A police officer is someone who is supposed to protect people and keep communities safe. But during the Parkland, Florida school shooting in 2018 the school resource officer, Scot Peterson, stood outside the school not doing enough to mitigate the situation, according to prosecutors in Florida. Meanwhile, innocent students lost their lives inside. However, Mr. Peterson said he did respond,...
Some states have a “stand your ground” law, which means that a person does not need to back down from an attacker before they can use deadly force. Minnesota has something different, called a “duty to retreat” rule, which means that the person must back away from the confrontation if it is possible and backing down does not put them...