Another Victory for Sieben Edmunds at the Court of Appeals

The Court of Appeals, in a published opinion, issued Sieben Edmunds its latest victory today. The issue before the Court in Johnson v. Commissioner of Public Safety was whether our client Roger Johnson filed a challenge to his license revocation in a timely manner. After hearing oral argument from Sam Edmunds in October, today the Court of Appeals overturned the district court and stated, “the evidence and findings do not support the conclusion that Johnson received a notice and order of revocation,” and therefore, the statute of limitations “was not triggered and Johnson’s Petition was not untimely.”

Supreme Court holds that warrantless DWI blood testing is unconstitutional, while also approving warrantless breath testing

Today the Supreme Court of the United States released the much anticipated and long awaited decision in Bernard v. Minnesota. Justice Alitio, delivering the opinion of the Court, said: “Because breath tests are significantly less intrusive than blood tests and in most cases amply serve law enforcement interests, we conclude that a breath test, but […]

DWI Blog Series – Part Five – The Limited License and Ignition Interlock

In 2012, the Minnesota Legislature increased the length of license revocations that accompany DWI charges. A few different factors can lead to an increased revocation period. They include: prior offenses, testing .16 or higher, child in the car, and refusal. A first time offender is now subject to a one year revocation if any of […]

Local Police Chief – DWI Charge

Even those we would least expect can pick up a DWI charge. Here, a local police chief faces DWI charges after recently undergoing a domestic violence prosecution. Apparently he planned to stay on the job after being convicted of a disorderly conduct, but now the DWI has swayed him into retirement. Check out coverage at […]

DWI Blog Series – Part Four – Motor Vehicle Forfeitures

Minnesota statutes allow the government to forfeit, or take title to, your vehicle if you commit particular types of DWI offenses. Minnesota Statutes Chapter 169A.63 sets out the types of offenses that qualify for vehicle forfeiture. Contrary to popular belief, your vehicle can be forfeited in cases other than when you have two qualifying prior […]

DWI Blog Series – Part Three – DWI License Revocations

Minnesota Statute mandates immediate driver’s license revocation in many DWI cases. When a person submits to and fails a Datamaster breath test, or refuses testing, the license revocation is virtually immediate.   (a) Upon certification by the peace officer that there existed probable cause to believe the person had been driving, operating, or in physical […]

DWI Blog Series – Part Two – Minimum DWI Sentences

The Minnesota legislature has enacted laws that call for minimum DWI sentences in certain circumstances. Many prosecutors and judges take the viewpoint that the statutory minimum sentences are mandatory. It is the job of the DWI defense attorney to convince the prosecutors and courts to deviate from the minimum sentences and to give them a […]

DWI Blog Series – Part One – DWI Implied Consent

Welcome to the first installment of the Sieben Edmunds DWI Blog Series. This series will provide a basic overview of DWI law in Minnesota and then later we’ll get into some of the more specific and complicated aspects of DWI criminal defense.   Minnesota’s DWI laws are two-pronged. The county or city prosecutor will charge […]

The Lawnmower and the DWI

It’s always good to remember that “motor vehicle” is defined very broadly for purposes of the DWI/DUI laws. Here is an example of a guy that thought it would be a good idea to make a beer run on his lawnmower. I suppose he thought better of it after his encounter with the local police. […]