If You Pass Field Sobriety Testing and the Officer Lacks Reasonable Suspicion of Impairment, an Officer Cannot Give you a Preliminary Breath Test In a recent decision, the Minnesota Court of Appeals ruled in favor of a driver, reversing the Commissioner of Public Safety’s decision to revoke her driving privileges. The court found that the investigating officer lacked reasonable suspicion...
Maybe you have heard of “probable cause” before? Here is an explanation of probable cause and what it means for you. Probable cause is an important legal standard that members of law enforcement must have before conducting a search or before arresting a person. This provides individuals with protection from arbitrary actions of law enforcement—and the government more broadly. Probable...
Starting January 1, 2025, Minnesota is hitting “refresh” on its expungement process with the Clean Slate Act. This groundbreaking legislation, spearheaded by Rep. Jamie Long and Sen. Bobby Joe Champion, aims to make the process of clearing criminal records easier, faster, and more accessible. Here’s what you need to know: Why Clean Slate? The traditional petition-based expungement system was cumbersome,...
Technically yes. Police officers may wait outside of bars, clubs, and other venues, looking for drunk drivers. Police can patrol these areas, and can do so more extensively if drunk driving incidents are more likely to occur there. However, officers must also have a valid reason to stop a particular driver, since merely leaving a bar does not automatically allow...
While Halloween is mostly fun and games, you may need to think a little harder about what legal repercussions your costume may cause. Under Minnesota law, one cannot be arrested simply for wearing a costume. But hold your broomsticks! It is what you do in that costume is what can land you in jail on Halloween. Under the United States...
The general rule in Minnesota is that minors (individuals under the age of 18) charged with crimes fall under the jurisdiction of the juvenile court system. However, there are exceptions to this presumption where a juvenile may have their case “certified” to adult criminal court. Why does it matter? There are key differences between the juvenile and adult court systems...
Pulled Over and Questioned for Suspicion of DWI? Know Your Rights! Police officers can stop a vehicle when they have a reasonable suspicion that the driver is violating the law. This can range from something as minor as touching the fog line to something more severe, such as a motor vehicle accident. Once stopped by the police, the officer may...
Attorney-client meetings just got a whole lot easier for rapper Young Thug and his lawyer, Brian Steel. On Monday, June 10th, Steel was ordered to be held in contempt by Judge Ural Glanville at the Fulton County Jail. According to some reports, Steel received permission to share a cell with his client, so their preparation for trial could continue. This...
Although it is still unclear, the answer is likely no. Minnesota DWI laws say it is a crime for any person to drive, operate, or be in physical control of any “motor vehicle” while impaired. Minn. Stat. § 169A.20. The answer to this question comes down to whether a lime scooter is considered a “motor vehicle.” Minnesota law defines “motor...
No, any theft in Minnesota is at least a misdemeanor level offense. Often, people use the term “petty theft” to refer to the lowest level of theft. However, in Minnesota, theft charges are either a misdemeanor, gross misdemeanor, or felony. The lowest level, theft of property or services valued at $500 or less, is considered a misdemeanor theft. The penalties...
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