October 22

Warrant Needed to Offer Blood Test in DWI Cases

A Minnesota Court of Appeals case just came down addressing blood tests in DWI cases. In State v. Trahan, decided on October 13, 2015, the facts are near identical to Ms. Willis. Trahan was stopped for erratic driving and speed. State v. Trahan, A13-0931, 2015 WL 5927980, at *1 (Minn. Ct. App. Oct. 13, 2015)…
February 13

“Possession” of Drugs Does not Mean Drugs in Your System

A driver can be charged with a DWI involving drugs. Minn. Stat. § 169A.20, subdiv. 1 states: Driving while impaired crime; motor vehicle. It is a crime for any person to drive, operate, or be in physical control of any motor vehicle, as defined in section 169A.03, subdivision 15, except for motorboats in operation and…
February 13

McNeely / Brooks Update

Two cases have recently rocked the criminal law world. See here for information about McNeely and Brooks. For an example of these cases, see State v. JMM. The result of Brooks is that the Implied Consent Advisory, which states “refusal to take the test is a crime,” does not in and of itself invalidate consent….
November 11

Brooks: The End of the Fourth Amendment as We Know It

On October 23, 2013, the Minnesota Supreme Court issued its ruling in State of Minnesota v. Brooks. This is the long-awaited decision that has partially determined how criminal defense attorneys are to deal with the McNeely issue. You can read about the McNeely issue here. McNeely is a U.S. Supreme Court case that said that…
May 31

Breath Tests in DWI Cases

If you are pulled over and suspected of drinking while driving, a couple things happen immediately. First, the officer will administer field sobriety tests. These can include the walk and turn, the one-legged stand, saying the alphabet backwards or a part in the middle, the horizontal gaze nystagmus, and the vertical gaze nystagmus. Next, if…
May 7

DWI-DUI Law and Implied Consent

Because so many people have a DWI (or DUI) on their record, you may think the law is simple and easy to understand. It is also one of the most common offenses that people plead guilty to without hiring a lawyer because the first offense does not carry very high penalties, or so it seems….
January 7

EPROM Motions

The Source Code case has finished, but there is another issue in the same family that must be decided. When Judge Abrams heard the Source Code case, he stated that the EPROM issue was not before him. This opened the door for it to be argued later. And it is being argued now. Defense attorneys…
January 7

McNeely to the Supreme Court

A flurry of new motions is about to hit Minnesota courts. The United States Supreme Court has granted cert to hear a case arising out of Missouri: State of Missouri v. Tyler G. McNeely, 358 S.W.3d 65 (Mo. 2012). McNeely follows a line of cases dealing with the issue of warrantless, nonconsensual blood draws. In…