Pursuant to Minn. Stat. § 609.5312, any person charged with a prostitution offense, who allegedly used their vehicle to commit the offense, can have their motor vehicle forfeited. The Minnesota Legislature recently changed the laws to require a conviction in these cases in order for law enforcement to keep the vehicle, but the police can hold a vehicle for months...
Who knows?! The constitutionality of license plate readers has yet to be challenged head on. Federal courts have decided that scans by license plate readers are constitutional searches that do not require a warrant because the plates are out in public, plain view and so there is no reasonable expectation of privacy. U.S. v. Diaz-Castaneda, 494 F.3d 1146, (9th Cir....
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...
Highly unlikely. Over the past decade or two, dashboard-mounted police squad vehicle cameras have proliferated across Minnesota law enforcement agencies. Accordingly, squad video has become common evidence in cases involving traffic stops. But just because squad video may not exist in some criminal cases, that does not mean the prosecutor will dismiss the case. In these situations, it just means...
No, as long as we’re talking about a push-pedal bike and not a motorbike. Minnesota DWI/DUI laws only criminalize driving, operating, or being in physical control of motor vehicles. Under Minnesota law, motor vehicles are those that are self-propelled or propelled by electric power obtained from overhead trolley wires, including motorboats in operation and off-road recreational vehicles. People have picked...
A threshold between Misdemeanor and Gross Misdemeanor DWI charges will be lowered in August 2015. The “legal limit” for alcohol in Minnesota is .08. In other words, one way the state can prove a DWI is through a test of a driver’s blood, breath, or urine. If the test shows an alcohol concentration of .08 or more, the driver can...
Nicole Kettwick and Eric Bain presenting a Minnesota CLE webcast on DWI Forfeitures.
A bill is moving its way through the Minnesota Legislature that contains important updates to Minnesota’s DWI laws. Lower aggravating factor threshold. Currently, there are four aggravating factors that enhance the severity of a DWI offense. These include prior DWI convictions or license revocations, having children under the age of 16 in the vehicle, test refusal, or having a blood-alcohol...
Funds used in prostitution and sex trafficking crimes may soon be subject to forfeiture to the state of Minnesota. Currently, Minnesota law allows for forfeiture of funds or other items for certain designated offenses including drug crimes, weapons violation crimes, DWI, drive-by-shootings, theft, fraud, and offenses against a person. Minnesota Bill SF346 adds a provision to the current forfeiture law allowing...
If you are charged with a DWI in the state of Minnesota and your vehicle is subject to forfeiture, you have the right to challenge the State’s forfeiture attempt and demand a judge to review your claim. The Minnesota Supreme Court recently ruled that the State may only forfeit your vehicle when you are convicted of a 'designated offense. For example, if you...
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