Jail Time for First Time DWI: Inflation Strikes Minnesota
For quite some time, only pilots, CDL holders, physicians, international travelers, and those with security clearances had reason to be concerned about the consequences of a first-time DWI arrest. Now, everyone should be worried. Read More
Hay You, Do You Need(le) A Lawyer?
When you’re looking for an answer to a tricky problem, people will often say that they’re having as much trouble as “looking for a needle in a haystack.” That’s a bad situation to be in . . . but what’s worse is when other people try to “help” you with your problem by doing nothing other than give you more hay, when what you really need is just a needle. Read More
Minnesota Ignition Interlock and Out-of-State DWI?
Our previous blog post discussed situations where a Minnesota driver is charged with a DWI under Wisoncon's DWI laws, and possible challenges to any license revocation. This post discusses the flip side of that scenario -- if you DO lose your Minnesota license due to an out-of-state DWI, can you get back behind the wheel on the ignition interlock program? It's harder than you think. Read More
Can Minnesota Revoke or Suspend My Driver's License for a Wisconsin OWI?
Wisconsin’s statutory scheme does not conform to Minnesota’s laws, and it appears that license revocations and suspensions arising from Wisconsin’s laws should not be used to suspend or revoke one’s Minnesota license . . . if handled properly both in Wisconsin and in Minnesota. Read More
BREAKING NEWS: MINNESOTA MAY ONCE AGAIN BE USING BLOOD TEST KITS UNDER A MANUFACTURER RECALL
It's been a few years since a manufacturing error has caused problems for blood alcohol testing in Minnesota . . . but here we are. We've been provided with what appears to be a valid recall notice for the type of tube used in Minnesota BCA testing kits. The notice is dated June 4, 2021, and impacts kits that expire in September of 2022. Read More
Are Stoned Drivers Safe Drivers?
Minnesota continues to struggle over whether or not to legalize recreational marijuana. Proponents point to significant tax revenues, as well as all of the money the criminal justice system will save, while adding that the drug itself is arguably no more dangerous that alcohol. Opponents fear an increase in crime, including driving while impaired by drugs (DUID). Is that a legitimate concern? Read More
Facing Drug-related DWI Charges? Your Prescription Might Not Matter
Minnesota's Supreme Court recently issued a ruling addressing what the governement does (and does not) have to prove when charging someone with a DWI based upon a driver's use of prescription drugs. And you'd be surprised how easy it can be to be charged with a DWI just for taking your prescription according to your doctors directions. Read More
Three Beers, Two Shots, and Retrograde Extrapolation
When a DWI alcohol test is taken more than 2 hours after driving, there are solid scientific reasons to discard that test result -- primarily the fact that the government is going to try to "fill in the blanks" with that test result in a very unscientific manner. We wrote the playbook on fighting these types of tests, and your choice of attorney may be the difference between a lucky victory and . . . a different end result. Read More
Impaired Driving, Marijuana, and You
It’s easy to live in a comfortable black-and-white world until reality forces us to see the color gray. One example of our gray reality is being arrested and charged with a crime. Even the most die-hard law-and-order types, who say that if you can’t do the time, don’t do the crime, will suddenly want the best lawyer money can buy if they find themselves accused of bad behavior. Now let's talk about pot. Read More
The Cat Filter Hearing and the Right to Confront Your Accusers
The COVID pandemic continues to impact Minnesota's criminal justice system. Sometimes in obvious ways, sometimes in ways that may surprise you. As usual, it's up to defense attorneys to make sure their clients don't get thrown under the COVID bus. Read More
Is the War on Science Over? Why We’re Optimistic
A "strict liability" crime is one where it doesn't matter what you intended to do -- if the government can prove you did it, you're guilty. It's the type of crime where the strength of the State's evidence is of the utmost importance; we shouldn't be convicting people of strict liability crimes on substandard evidence. Substandard scientific evidence has always been the foe in the scientific war that's raged in Court for decades. Read More
Start Me Up!
For the first time in over a decade, Minnesota is seeing defense attorneys fight with the State of Minnesota over access to the source code that governs almost every aspect of our fleet of breath test instruments. We're already getting license revocations thrown out of court -- here's how (and why). Read More
What Will We Sacrifice? Criminal Justice in the Biden Era
There has been a certain amount of “scope creep” across years of efforts to be "tough on crime." At what point are we working too hard to undermine our constitutional right to due process, a fair trial, and being innocent until proven guilty? Read More
The Ongoing War on Science – Stifling Progress
Good scientific practices can keep us safe, and insure the guilty are punished according to the law. Junk science, however, is what unjustly punishes the innocent and undermines our faith in the judicial system. Today, we're writing about junk science. Read More