The Minnesota Department of Public Safety recently announced that all existing ignition interlock customers must move to a wireless modem by January 1, 2017, and that any new installations of ignition interlock devices after September 2016 must also use a wireless modem. This wireless modem will apply to every person on ignition interlock in Minnesota who is a participant in...
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,...
When you are arrested and taken back to the police department after being pulled over for a DWI, you may be asked to submit to a blood or urine test. Both types of test require the officer to obtain a search warrant. However, there are a few key differences between the two. For one, urine tests do not reveal the...
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...
Once someone has had their right to possess firearms restored in state court, often there is another step needed of notifying the FBI that the person is no longer prohibited from possessing firearms. Prohibited persons are usually listed in the National Instant Criminal Background Check System (NICS) as ineligible to purchase and possess firearms. Most often, if a state restores...
Every person in Minnesota has a right to vote unless the person has been convicted of a felony and are serving any part of that felony sentence. A felony sentence includes any time from conviction until the person is released from probation, parole, and/or supervised release. Felony stays of adjudication and continuances for dismissal are not convictions and therefore have...
As a general rule the answer is yes. According to MN Statute § 169A.275 if you get a second DWI within 10 years of your first, you will either be sentenced to a minimum of 30 days of incarnation, at least 48 of those hours which must be served in a local correction facility or eight hours of community work...
On Wednesday, October 19th, 2016, the Minnesota Supreme Court ruled that the plain meaning of a “firearm” does not include a BB gun in State v. Haywood. This decision reverses Minnesota law dating back to 1977 that a BB gun is indeed a firearm. David Haywood was driving in downtown St. Paul on January 1, 2013, when he was stopped...
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...
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