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DNA Collection From Felons in Minnesota

If you are convicted of a felony in Minnesota, you will be required to have a DNA sample taken.   Minnesota law requires samples from several different groups of people, which can in turn be broken down into two main groups:  persons convicted of felonies and persons being released from prison after serving a felony sentence. Who provides a sample,…

Hey That’s My Stuff! (Traffic Stops in Minnesota)

Traffic Stops in Minnesota What can police search if you get pulled over in Minnesota? You’ve probably seen it a thousand times on TV:  a car gets pulled over, the driver is ordered out, and the car is searched.  But since these aren’t always necessarily realistic scenes, and since you probably don’t regularly get pulled over by the police, many…

New Social Host Law In Blue Earth County

Honey, I Served The Kids, New Alcohol Laws In Blue Earth County, Minnesota Blue Earth County, Minnesota has just passed a social host ordinance very similar to one already in place in Mankato.  The county’s new ordinance makes it illegal to host or allow a gathering of three or more people where the host knows or reasonably should know that…

Minnesota Ignition Interlock Device and DWIs

The DWI’s laws are changing in Minnesota, there is now the ability to get your license back sooner if you get an  “ignition interlock device”, which is a small machine that measures the blood-alcohol level of an automobile driver and is required before starting the car.  To use the device, a driver must blow into a small tube before starting…

Miranda and Me

Your Miranda Rights in Minnesota Miranda Rights = You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you…

The DWI Law is Changing Again!

On July 1, 2011, the DWI landscape in Minnesota is changing. The new legislation will affect all DWI Law.  Below are some of the most dramatic changes. The new legislation will lower the .20 limit to twice the legal limit, .16.  This is a major legislative shift since the average blood alcohol content of a DWI in Minnesota is .15.…

Private Counsel vs. Public Defender

Private Counsel vs. Public Defender | Many individuals who find themselves charged with a DWI have to make a decision on whether they will hire private counsel or request a public defender.  The attorney who represents an individual is one of the most important decisions in a case. So what are the differences? When charged with DWI along with other criminal charges, the State has…

Field Sobriety Tests, Not As Reliable As You Think.

The field sobriety tests are tests administered by law enforcement to determine sobriety from the side of the road. These tests were researched in the 1970s by the Southern California Research Institute and Standardized by the National Highway Traffic and Safety Administration. They have been approved to date as a ‘reliable’ method of establishing probable cause for arrest under the…

An Introduction to DWI Law

 Every driving while intoxicated (DWI) case in Minnesota consists of two distinct but complex and significant cases: A criminal court case and an implied consent (IC), a civil court case.  It is critical that an attorney litigate not only the criminal case but also the implied consent as both cases can have separate and intertwined consequences including, but not limited to,…

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