That Dog Won’t Hunt

November 9, 2017 By Michael E. Kemp

I wish I could tell you that the courts are there to protect your rights; that they exist to make sure that you get a fair shake if you’re ever charged with a crime. But you probably already know better. Perhaps the worst case of this I’ve heard recently came only a week ago, as […]

Filed Under: Attorney Articles, Blog Posts, Criminal Defense, For Individuals, MIchael E. Kemp

Supreme Court of The United States Changes the Rules for DWI in Minnesota

June 28, 2016 By Hansen Dordell

DWI

The Supreme Court of the United States has now issued its decision in Birchfield v. North Dakota, a case consolidated with Beylund v. Levi, and a Minnesota Supreme Court  Case, Bernard v. Minnesota. (Available here) At issue in the claims was the constitutionality of obtaining breath and blood test incidental to arrest for drunk driving […]

Filed Under: Attorney Articles, Blog Posts, Criminal Defense, For Individuals

Minnesota Court of Appeals Upends Criminal Refusal Statute

October 20, 2015 By Hansen Dordell

Blood Test

The Minnesota Court of Appeals issued a groundbreaking decision on October 13, 2015, holding that Minnesota Statute § 169A.20, Subd. 2, as applied to refusal of a warrantless blood test, violates a driver’s right to due process under the United States and Minnesota Constitutions.  State v. Trahan, __ N.W.2d __, (Minn. Ct. App. 2015). The defendant in Trahan was arrested […]

Filed Under: Blog Posts, Criminal Defense

If a party fails to file their case within one year, do they have any recourse?

September 8, 2015 By Hansen Dordell

Lawsuit

In Minnesota a lawsuit can be commenced by notifying the defendant. No immediate court filing is necessary. In Gams, the Minnesota Court of Appeals faced the question of whether the recent rule requiring the filing of a civil action within one year of commencement is absolute. Beginning July 1, 2014, the Minnesota Supreme Court, through […]

Filed Under: All Insurance Company Blog Posts, Blog Posts, Business Litigation, Criminal Defense, For Businesses, For Individuals, Individual Employment, Insurance Defense, Mediation and Arbitration For Individuals, Medical Malpractice, Personal Injury, Trust and Estate Litigation

Recent DWI Changes

June 4, 2015 By Hansen Dordell

DWI

The latest legislative session presented changes regarding DWI laws in Minnesota. There was significant discussion regarding changing the blood alcohol level required for the level to be an aggravating factor for sentencing purposes. The threshold was previously a blood alcohol level of .20 or more and that has been changed to .16. This change ultimately […]

Filed Under: Criminal Defense, For Individuals

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