This question is similar to the age-old philosophical query "if a tree falls in a forest and no one is around to hear it, does it make a sound?" But in order to get a DWI, someone would have to see you do something. For example, a citizen bystander could report your driving to the cops, who could come into...
Under Minnesota law, it is a crime to drive, operate, or be in physical control of any motor vehicle if your body contains any amount of a Schedule I or II controlled substance other than marijuana or its derivatives. Schedule I or II substances not only include illicit substances such as heroin, LSD, and Ecstasy, but also common prescription medications...
The Minnesota Supreme Court ruled that DFE is not a hazardous substance for DWIs. State v. Carson, A15-1678 (Minn. Oct. 11, 2017) (read the case here). In Minnesota, one can get a DWI without consuming alcohol, but can if under the influence of a controlled substance, with any amount of a Schedule I or II controlled substance (except marijuana), or...
Can you really get charged with Criminal Vehicular Operation (CVO) while sitting in the passenger seat?
While most people know that they shouldn’t get behind the wheel after having too much to drink, there are other things to be aware of as well. In a recent case, State v. Henderson, a group of people were out at a bar drinking except the driver who remained sober. After they left the bar and were driving to a...
You don’t necessarily have to be driving your vehicle in order to receive a DWI, you can also be in “physical control” of it. But what exactly does being in “physical control” mean? Well that is the same difficult question many courts have faced. Mere presence in or about the vehicle is not enough for physical control; it is the...
If your spouse received a notice of plate impoundment, then you will probably need W plates. W plates are a special category of license plates in Minnesota. They are required to drive with a valid driver’s license, or limited license, during a period of license plate impoundment usually stemming from a DWI incident. You may not need W plates if...
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,...
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...
Nicole Kettwick and Eric Bain presenting a Minnesota CLE webcast on DWI Forfeitures.
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