blog 2017-12-21T21:53:26-06:00

Man Arrested for Driving a Zamboni while Intoxicated

Kare 11 News reports today that an unidentified employee at Hayes Park Arena in Apple Valley was arrested for alleged impaired operation of a Zamboni. The story indicates that the Zamboni operator allegedly was swerving and hit the boards multiple times while clearing the ice. The employee submitted to a blood test and is awaiting the results. Ordinarily, it takes scientists at the Minnesota Bureau of Criminal Apprehension 3 to 5 weeks to analyze and report the alcohol concentration of a blood sample.

This case presents a unique issue whether a Zamboni is a “motor vehicle” under […]

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State Patrol Announces Increased DWI Enforcement through September

The Minnesota State Patrol announced on Friday that there will be increased DWI enforcement through September 2012 in 13 counties statewide, including the metro area counties of Hennepin, Ramsey, Anoka, Dakota, Wright, Washington, Sherburne, Scott, and Carver. This announcement is part of a federally-funded program in place from October 2011 to September 2012.
Notably, the press release contains a “13 Targeted Counties” Fact Sheet, indicating the number of DWI arrests and serious alcohol-related accidents in these counties from 2008 to 2010.  The data on alcohol-related accidents can be misleading because the Department of […]

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Court of Appeals Reiterates that Drivers Have No Miranda Rights in Implied Consent Cases and the Commissioner Need Not Prove that Alcohol Testing was Conducted within Two Hours of Driving

In the unpublished decision of Rechtzigel v. Commissioner of Public Safety filed January 23, 2012, the Minnesota Court of Appeals reiterated that (i) drivers have no defense premised on a Miranda Rights violation in the civil DWI license revocation hearing (Implied Consent) and (ii) the Commissioner does not have to prove that the driver submitted to the alcohol test within two hours of driving as is the case in a criminal DWI trial. 

Let’s examine each point in turn. First, the court mentioned that drivers have no remedy for a Miranda Rights violation in a civil license revocation hearing.  If the police conduct an […]

Minneapolis Man Whose Vehicle was Hit by a Train is Convicted of Felony DWI in Beltrami County

Twincities.com reports that a Minneapolis man was convicted of felony DWI in Beltrami County after being involved in a near-fatal accident with a train.  The man’s vehicle came to rest on train tracks and apparently was struck by a train while the man was in the vehicle.  Deputies found the man lying half outside the badly damaged vehicle.  

This was the man’s fourth DWI incident in 10 years.  The court adjudicated him guilty of felony DWI and sentenced him to serve 180 days in jail, with 36 months of prison time hanging over his head for seven years of probation, […]

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2,573 DWI Arrests in December According to Minnesota DPS

The Minnesota Department of Public Safety recently released the results of its December “enhanced DWI enforcement campaign” in Minnesota. Law enforcement agencies from around the state reported a total of 2,573 DWI arrests.  The State Patrol, which reportedly has 591 uniformed troopers, accounted for 606 arrests.  

In the Twin Cities, the Minneapolis P.D. arrested the most drivers – 62 arrests.  The Bloomington P.D. and St. Paul P.D. finished tied with 52 arrests, followed by Eden Prairie P.D. (42), Carver County Sheriff’s Office (32), Robbinsdale P.D. (30), Crystal P.D. (29), Edina P.D. (24), and Maplewood P.D. (22).

Considering that 29,918 DWI arrests occurred […]

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Appellate Court Affirms Felony DWI Enhancement Based on Prior Misdemeanor CVO Conviction under 609.13

In the published opinion of State v. Coleman filed on January 3, 2012, the Court of Appeals ruled that the defendant’s 2010 DWI incident was enhanceable to felony DWI based solely on defendant’s 1990 conviction for criminal vehicular operation (“CVO” – DWI involving great bodily harm), which by operation of law became a misdemeanor on defendant’s record in 1995.  In 1990, the defendant was convicted of the felony-level offense of CVO, and the court imposed a “stay of imposition,” which meant that upon successful discharge from probation in 1995, the offense level decreased from a felony […]

Minnesota Supreme Court Grants Review of Important DWI Forfeiture Case

On January 17, 2012, the Minnesota Supreme Court granted review of an important DWI forfeiture case that the Minnesota Court of Appeals decided in favor of the vehicle’s owner. The case is Patino v. One 2007 Chevrolet.

In October 2011, the Minnesota Court of Appeals ruled that the court must order the return of the seized vehicle if the alleged offender appears in court and is not convicted of the alleged DWI offense triggering the initial forfeiture (usually First or Second Degree DWI/Test Refusal). The Court of Appeals […]

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