Misdemeanor Archives - Brandt Kettwick Defense

If You Pass Field Sobriety Testing and the Officer Lacks Reasonable Suspicion of Impairment, an Officer Cannot Give you a Preliminary Breath Test

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...

The Minnesota Clean Slate Act: A Fresh Start for 2025

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,...

DWI Stops: Can Police Just Wait Outside of the Local Bar?

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...

Pulled Over and Questioned for Suspicion of DWI? Know Your Rights!

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...

Super Bowl 101: Tailgating Without a Ticket

Super Bowl Sunday is a beloved American holiday, often celebrated with good food, drinks, and most importantly, football! It’s a day when football fans everywhere gather to watch the game and sometimes get a little rowdy. Statistics show that there may be an uptick in crime on Super Bowl Sunday. In preparation for hosting this year’s celebration, and the potential...

Minnesota’s Open Container Law: Who Gets the Ticket and When Does the Law Apply?

Criminal Liability Minnesota’s DWI laws make it illegal to operate a motor vehicle while under the influence of alcohol. However, Minnesota’s Open Container laws can punish sober drivers and passengers for having an open alcohol container in their car. In terms of criminal liability, Minnesota’s law applies equally to drivers and passengers. This means that police officers may choose to...

School Bus Stops: What Drivers Need to Know

Have you ever wondered about the rules for stopping when encountering a school bus? If so, you’re not alone. Familiarizing yourself with the proper protocols mandated by Minnesota law is essential to ensure the safety of children on school buses and to avoid the potential criminal consequences of failing to stop when legally required to do so. According to Minnesota...

Driving With Marijuana in Your Vehicle? Here’s What to Know.

Now that marijuana has been legalized in Minnesota, it’s important to remember the laws surrounding its possession, use, and transportation. While it is now legal to transport certain amounts of marijuana in your vehicle, the law restricts where you can store it. The Minnesota Supreme Court has ruled the odor of marijuana is not enough for an officer to search...

Oh Oh, Did Barbie Commit an Assault!

The 2023 Barbie movie was a blockbuster hit with powerful messages of self-discovery following an existential crisis as well as handy tips for fighting the patriarchy. The movie also features an iconic scene of Barbie and Ken getting arrested after Barbie instinctively punches a beachgoer in the face after he groped her backside. It got us thinking, would Barbie be...

Can I Drive After a DWI?

DWIs can have serious consequences, including the revocation of your driver’s license. How long the revocation lasts depends on the circumstances of the case and the charges. For example, an individual facing their first DWI whose blood alcohol content (BAC) tested under 0.16 face a 90-day license revocation while a person whose BAC was over 0.16 or individuals who have...

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