Legislature to Close Loophole in Felony Drunk Driving Law

Posted On February 29, 2012 by Charles Ramsay

Last week we told you that the Minnesota Supreme Court accepted review of State of Minnesota v. Retzlaff. In Retzlaff, the driver may escape felony DWI prosecution because a provision in the DWI Felony Law erroneously cites to the wrong provision of the Criminal Vehicular Operation Law.

Last week, the Minnesota House Public Safety Committee approved HF 2246, a bill that clarifies impaired driving provisions in response to Retzlaff. The bill is now before the House Judiciary Committee. The companion bill, SF1825, was approved by Senate Judiciary Committee and sent to the Senate floor.

I would hope the Supreme Court would reverse the lower courts and dismiss the felony, particularly now that the legislature will soon close the loophole in the law.

UPDATE (3/2/12) - By unanimous vote, the House passed the bill. The Senate bill is now pending before the full Senate.