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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 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 »