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THE MINNESOTA STATUTE REQUIRING A DEFENDANT TO SHOW THE SUBSTANCE IS NOT MARIJUANA UNCONSTITUTIONALLY SHIFTS THE BURDEN OF PROOF TO THE DEFENDANT. Minnesota Statute §152.01 Subd. 9 states: “Subd. 9.Marijuana. “Marijuana” means all parts of the plant of any species of the genus Cannabis, including all agronomical varieties, whether growing or not; the seeds thereof;… Read more »

Defense Lawyers Lobby To Change Minnesota DWI License Revocation Statute!

The Minnesota Association of Criminal Defense Lawyers (MACDL) and the Minnesota Society For Criminal Justice (MSCJ) are lobbying to change the Minnesota DWI license revocation statute. The bill that MACDL and MSCJ have put forward seeks to eliminate some of the impediments currently contained in the Minnesota DWI license revocation statute which discourage those individuals seeking… Read more »

Minnesota Supreme Court Orders Most Cases Continued To Protect Against Corona Virus!

On March 13, 2020 the Chief Justice of the Minnesota Supreme Court ordered that most judicial proceedings, including criminal cases, be continued to protect against the spread of COVID-19.  The order goes into effect on March 16th and establishes temporary procedures for district court case processing.  The Minnesota Supreme Court ordered the following: (1)   All… Read more »

Court Rules: Any Left Turn Is All Right!

The Minnesota Court of Appeals ruled on Tuesday that anyone making a left-hand turn onto a road with two lanes in each direction may legally chose to enter either of the two lanes. The appellate court got involved after Kevin Birkland chose to appeal his DWI license revocation after the district court held the arresting… Read more »

Minneapolis City Attorney’s Office Is No Longer Seeking DWI Forfeitures of Vehicles

The Minneapolis City Attorney’s Office made the policy decision to not pursue forfeiture of vehicles for anyone arrested for DWI within the City.  The city attorney made the decision after the forfeiture mitigation statute went into effect in the summer of 2019. Any forfeiture-eligible vehicles previously seized by the Minneapolis police, (and whose forfeiture had not… Read more »

Minnesota DWI Forfeiture Statute Declared Unconstitutional!

The Minnesota Court of Appeals held today that the DWI forfeiture statute is unconstitutional because the statute does not provide for a prompt hearing! The Minnesota DWI Forfeiture Statute § 169A.63, subd. 9(d) states:  “A judicial determination under this subdivision must be held at the earliest practicable date, and in any event no later than… Read more »