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Minnesota Supreme Court Rules Any Minnesota DWI Refusal Conviction For Failure To Submit To A Blood or Urine Test Must Be Vacated!

On August 22, 2018, the Minnesota Supreme Court held, in State v. Johnson, that all Minnesota DWI Refusal Convictions which are based upon the failure to submit to a blood or urine test must be vacated.  The reason  is that in 2016, the United States Supreme Court held, in Birchfield v. North Dakota, that blood… 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 »

St. Patrick’s Day DWI Arrests in Minnesota Double Over Last Year!

Minnesota Star Tribune reports today law enforcement made 370 Minnesota DWI arrests over the St. Patrick’s Day weekend. The Minnesota DWI arrests were made between 6 p.m. Friday and 10 a.m. Sunday. The number of Minnesota DWI arrests for this year’s holiday were more than double the arrests made last year when 175 Minnesota drivers… Read more »

All Minnesota DWI Blood Or Urine Tests Obtained By A Search Warrant After July 1, 2017 Are Inadmissible As The Procedure Violates A Defendant’s Pre-test Right To Counsel!

In the published case of State v. Hunn, 899 N.W.2d 541, Minn.App., June 19, 2017, review granted in part (Sep 19, 2017), the Court of Appeals held that there is no pre-test right to counsel when the police fail to read the Minnesota Implied Consent Advisory.  But the case contains great language concerning Friedman and… Read more »

Driver Charged With Killing Police Officer Had Cocaine In Her System.

The Minnesota Star Tribune reports today that the woman accused of hitting and killing a Wayzata police officer with her car had cocaine in her system at the time of the accident. Beth Freeman is charged with two counts of criminal vehicular homicide as the result of the September accident which killed Wayzata Police Officer… Read more »