Driver Successfully Challenges Constitutionality of DWI Forfeiture Statute

Last week, the Minnesota Court of Appeals ruled in Megan Ashley Olson, et al., v. One 1999 Lexus MN License Plate No. 851LDV VIN: JT6HF10U6X0079461 that the DWI forfeiture statute, as applied to Ms. Olson, is unconstitutional. Minnesota Statute § 169A.63 governs when a vehicle may be forfeited.  In Minnesota, when someone is arrested for

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Keep Your Pistol Out of Arm’s Reach When Under the Influence

The Minnesota Supreme Court ruled this week in State v. Prigge that a person under the influence of alcohol who is driving a vehicle with a pistol within arm’s reach can be charged with a crime. In Prigge, the defendant was arrested for DWI.  Law enforcement performed an inventory search of the vehicle after the

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Can I Get a DWI Driving on a Frozen Lake?

With warmer weather upon us, many Minnesotans have been taking to the ice in search of a bucket of a fresh fish to fry up for dinner.  Some have had better luck than others.  For those who were hoping to find Crappie City but instead only caught Bottle Bass, the question of, “Can I get

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Why Did I Get A Ticket For A Fender Bender?

Many Minnesotans will find themselves on the side of the road this winter with their flashers on having just been in a fender bender.  Unfortunately, the hassle of getting your car repaired may not be the only thing you have to deal with.  You may receive a citation for failing to drive with due care.

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Minnesota Court of Appeals Rules Changes to DWI Law Are Not Retroactive

Today, the Minnesota Court of Appeals ruled in Johnson v. State, A17-0842, A17-0883 (Minn. Ct. App. Jan. 2, 2018) that because the new rules in DWI law announced in State v. Trahan, 886 N.W.2d 216 (Minn. 2016), and State v. Thompson, 886 N.W.2d 224 (Minn. 2016) were procedural and not substantive, they do not apply

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