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 […]
Supreme Court of The United States Changes the Rules for DWI in Minnesota
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 […]
Minnesota Court of Appeals Upends Criminal Refusal Statute
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 […]
If a party fails to file their case within one year, do they have any recourse?
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 […]
Recent DWI Changes
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 […]
