Mike Brandt succeeds in rescinding the revocation of his client’s driving privileges
Mike recently represented a client who had his driving privileges taken away for failing and alcohol test. Mike’s client was driving in the city of Coon Rapids on his motorcycle on a sunny spring afternoon. Another driver in his group crashed his motorcycle and Mike’s client went back to assist. A police officer eventually approached Mike’s client and ordered him to stay at the scene of the incident, effectively “seizing” Mike’s client by telling him he could not leave. Mike’s client was eventually arrested for DWI and his license was revoked.
Mike fought the revocation and argued to the court that his client was illegally seized since the police officer that ordered his client to stay there did not possess a reasonable articulable suspicion that his client was involved in any criminal activity. The judge ruled that Mike’s client was a potential witness to the accident, and therefore, the officer was justified in seizing him.
Mike challenged the District Court’s ruling at the Minnesota Court of Appeals and after he submitted his legal brief on the issue, the Attorney General conceded that the judge was wrong and agreed to take the revocation off of Mike’s client’s driving record. If the revocation had stayed on Mike’s client’s record, Mike’s client would have lost his job since he is a commercial truck driver and would not have been able to drive for a full year.