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....
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...
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...
Voluntary intoxication means that a person voluntarily decided to get intoxicated. For example, if a person goes into a bar and consumes enough alcohol to be intoxicated, that person can be said to be voluntarily intoxicated. When it comes to criminal law, voluntary intoxication can be a defense to a crime. However, this defense is only available for certain crimes....
Several factors influence when someone arrested for a Driving While Impaired (DWI) will be released from jail, including the results of their breath test, the presence of aggravating factors, and the time/day of the arrest. If your son has not been arrested for a DWI within the last ten years, didn’t refuse to take a breath test, didn’t have children...
You have a right under the Constitution to refuse all searches of yourself or your property. This isn’t to say the police will not do so anyway under one of the various exceptions to this constitutional prohibition (or with a warrant). However, the police cannot use your refusal to consent to a search as proof of criminal activity. There is...
During an investigatory stop, an officer may order the driver (and any passengers) out of the vehicle. State v. Askerooth, 681 N.W.2d 353, 367 (Minn. 2004); Maryland v. Wilson, 519 U.S. 408, 412 (1997). They can also place you in their squad car while investigating without turning the stop into a formal arrest if the situation calls for it. State...
Below are the top criminal law changes in Minnesota in 2018. Misrepresenting an assistance animal is a crime Under Minn. Stat. § 609.833, it is now a petty misdemeanor in Minnesota to intentionally misrepresent an animal as an assistance animal to obtain rights or privileges knowing they are not entitled to such. Subsequent violations are misdemeanors. Property owners are provided...
Once police have stopped you, the stop must be temporary and last no longer than necessary to effectuate the purpose of the stop (for example, ticket you for the driving violation). From there, the officer need’s independent articulable reasonable suspicion to expand the scope of your stop (for example, asking you to perform field sobriety tests). As a result, when...
So, you’ve been pulled over and the officer is approaching your car. What can you do now? Under the Fifth Amendment to the Constitution, every person has the right to not answer questions by a government agent (e.g. have you been drinking? Where are you coming from? Where are you going?), and that is a right you should always exercise...
© 2019 · Brandt Criminal Defense