The short answer is "it depends." Minnesota's DWI statute provides that it is a crime to be under the influence of alcohol or a controlled substance while operating various modes of transportation. The statute itself defines the modes of transportation that carry risk...
Year: 2016
Defenses in a DWI/DUI Case
If you've been charged with a DWI/DUI, one of the things you may be thinking right away is this: How can I keep this off my criminal record? There are many defenses to DWI charges. Some may be obvious. Others may not. What follows is a list of some, but not all, of...
Even Though Minnesota is a No-Fault state, Fault Does Matter!
One of the most common questions I encounter is: The accident wasn't my fault why should my insurance pay? Minnesota is a no-fault state. This means we have a statute that allows people injured in car accidents in Minnesota to get some medical treatment, some wage...
A DWI/DUI Arrest Will Result in Your Driving Privileges Being Revoked
If you are arrested for DWI/DUI, your license will be revoked. The length of the revocation depends upon factors such as your blood-alcohol concentration at the time of your arrest, whether you have prior impaired driving convictions or revocations, whether you had...
How Do Judicial Elections Work?
This year is somewhat odd in terms of district court judicial elections. Typically, district court judges run for election without challenge. Prior to this year, the last contested district court judicial election in the Third Judicial District was in 2008. The Third...
DWI/DUI Blog: Courts Provide Clarity Regarding Test Refusal Cases
In a previous blog post, I wrote about how the Minnesota Court of Appeals recently ruled that it is unconstitutional for the State to prosecute a person for refusing a warrantless blood or urine test in a routine DWI arrest. Since that blog post, there has been a...
What Does a Judge Consider When Setting Bail?
Last week, we published a blog about bail--specifically, we looked at the purpose of bail and mechanically how it works. This week, we examine a related topic: factors a judge considers when setting bail. As described last week, the general rule provides that a judge...
What is Bail and How Does it work?
Bail is money that a court requires an individual to pay to get out of jail. The purpose of bail is to assure judges that the individual will appear for all their court hearings in a criminal case. A judge will set bail if he or she has concerns about a defendant's...
Pesticide/Herbicide Drift Concerns in the Midwest
With organic farms and sensitive crops growing side-by-side with fields of corn and soybeans, pesticide/herbicide drift is a significant concern. Chemical drift can originate from other areas as well; golf courses, manicured lawns and landscaping, and even along...
Minnesota Stray Voltage Guide Discredited
About a year ago, a conglomeration of Minnesota utilities and a few Minnesota farm organizations touted a guide that was supposed to reflect a consensus regarding proper testing for harmful stray voltage. This publication is the Minnesota Stray Voltage Guide or MSVG....