Halloween festivities have been a long-standing tradition in America since the later part of the 19th Century. Adults, teens, and children alike dress in costumes, trick-or-treat, carve jack-o-lanterns, tell ghost stories, and eat sweet treats. Yet, parties and pranks are not the only mischiefs occurring during the night of “All-Hallows-Eve.” While approximately 175 million Americans celebrate Halloween night, crime rates...
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....
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...
© 2019 · Brandt Criminal Defense