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      Feeling Lucky Tonight? The Consequences of Getting a DWI on St. Patrick’s Day

      Feeling Lucky Tonight? The Consequences of Getting a DWI on St. Patrick’s Day

      St. Patrick’s Day is known as a popular drinking holiday. But is it worth it to drink and drive tonight? Here are some consequences of getting a DWI on St. Patrick’s Day. Jail Time It’s not a given that you’ll spend time in jail if you are arrested for a DWI. However, you will be locked up if any of...

      Vehicle Forfeiture from Fleeing the Police in a Motor Vehicle

      Did you know that the State can forfeit your vehicle when you are convicted of a certain crime? This means that the State takes ownership and possession of the vehicle used to commit the crime. Under Minnesota Law (§ 609.5312, subd. 4), vehicles can include cars, snowmobiles, motorboats, and other off-road recreational vehicles. These motor vehicles are subject to forfeiture...

      What is the Innocent Owner Forfeiture Defense?

      Vehicle forfeiture occurs when a vehicle is used to commit a criminal act, such as driving while intoxicated (DWI). According to Minnesota Statute § 169A.63, in certain DWI cases, the police have the authority to seize and forfeit the vehicle used to commit the criminal act. If the owner does not recover their vehicle, the police have the right to...

      I got a DWI and my car was forfeited, if I get ignition interlock can I get my car back?

      I got a DWI and my car was forfeited, if I get ignition interlock can I get my car back?

      Under Minnesota Law, being charged with a DWI can result in multiple legal penalties, including drivers license revocation and vehicle forfeiture. However, there is a statutory exception that provides for a release of your vehicle with enrollment in the ignition interlock program. What steps must be taken before the vehicle will be released? Before getting your vehicle back, there are...

      Vehicle Forfeiture in Prostitution Cases

      Pursuant to Minn. Stat. § 609.5312, any person charged with a prostitution offense, who allegedly used their vehicle to commit the offense, can have their motor vehicle forfeited. The Minnesota Legislature recently changed the laws to require a conviction in these cases in order for law enforcement to keep the vehicle, but the police can hold a vehicle for months...

      The Cops Ran My Plates and Pulled Me Over – Is That Legal?

      The Cops Ran My Plates and Pulled Me Over – Is That Legal?

      Who knows?! The constitutionality of license plate readers has yet to be challenged head on. Federal courts have decided that scans by license plate readers are constitutional searches that do not require a warrant because the plates are out in public, plain view and so there is no reasonable expectation of privacy. U.S. v. Diaz-Castaneda, 494 F.3d 1146, (9th Cir....

      Can the cops take my car if I wasn’t driving drunk?

      Can the cops take my car if I wasn’t driving drunk?

      Yes. First of all, vehicles can be forfeited for a number of non-DWI-related crimes, but that’s a subject for another time. Under the Minnesota DWI forfeiture statute, a motor vehicle is subject to forfeiture if used in the commission of a designated DWI offense, which requires a conviction, or was used in conduct resulting in a designated-license revocation. There are...

      There’s no squad video, so will my case be thrown out?

      There’s no squad video, so will my case be thrown out?

      Highly unlikely. Over the past decade or two, dashboard-mounted police squad vehicle cameras have proliferated across Minnesota law enforcement agencies. Accordingly, squad video has become common evidence in cases involving traffic stops. But just because squad video may not exist in some criminal cases, that does not mean the prosecutor will dismiss the case. In these situations, it just means...

      Can I get a DWI while riding a bike?

      Can I get a DWI while riding a bike?

      No, as long as we’re talking about a push-pedal bike and not a motorbike. Minnesota DWI/DUI laws only criminalize driving, operating, or being in physical control of motor vehicles. Under Minnesota law, motor vehicles are those that are self-propelled or propelled by electric power obtained from overhead trolley wires, including motorboats in operation and off-road recreational vehicles. People have picked...

      Lower Minnesota DWI Threshold Effective August 2015

      A threshold between Misdemeanor and Gross Misdemeanor DWI charges will be lowered in August 2015. The “legal limit” for alcohol in Minnesota is .08. In other words, one way the state can prove a DWI is through a test of a driver’s blood, breath, or urine. If the test shows an alcohol concentration of .08 or more, the driver can...

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