Here is what you need to know: The Minnesota Implied Consent Advisory has been amended to be titled Breath Test Advisory. It will now only be read to suspected DWI offenders who will be offered to take a breath test to measure their BAC (Blood Alcohol...
Photo of Amber S. Johnson
A Strong Defense Can Make All The Difference
Photo of Amber S. Johnson
A Strong Defense Can Make All The Difference
DWI
Minnesota Court Declares DWI Statute Unconstitutional
Yesterday, the Minnesota Supreme Court held that Minnesota’s Test Refusal Statute was unconstitutional as applied to blood and urine test refusals. In the opinions, State v. Thompson and State v. Trahan, the Court followed the holding and logic of Birchfield v. North...
It’s All Hearsay…or Is It?
It’s All Hearsay! They don’t have anything. I often hear a client or potential client tell me that the police or prosecutor don’t have any evidence against them. “All they have is hearsay.” But what is hearsay really? Typical cases where hearsay is an issue are the...
You hear it on TV and in the movies, “You have the right to remain silent…” But what does it mean?
On more than one occasion, I have spoken to someone who tells me, “ They didn’t read me Miranda when they arrested me.” They think that this means that the arrest was bad and that the case will get thrown out. But, the Miranda warning you hear on TV and in the movies...
Illegal to Refuse a Warrantless Search
State v. Bernard – Much Awaited…VERY Disappointing. This morning, the Minnesota Supreme Court released its opinion in the much anticipated case of State v. Bernard. Many were hoping that the court would finally sort out the mess that has ensued in Minnesota courts...
I Was Pulled Over & I Have Been Drinking – What do I Do? (Part 1)
It depends… It depends because DWI stops vary and so do the people involved. Do you think you are over the limit? Are you close? Do you know you are over? If your blood alcohol concentration (BAC) is 0.08 or more, you are over the legal limit and will be charged with...
I Was Pulled Over & I Have Been Drinking – What do I Do? (Part 2)
Whether to take a test is like picking the lesser of two evils. Charged if you do, charged if you don’t. To preface this post – I am ONLY TALKING ABOUT whether or not there is a way to avoid being CHARGED with a DWI AFTER BEING ARRESTED. I am NOT DISCUSSING whether or...