McNeely Database

Grants Petitioner's petition & Rescinds the Commissioner's order revoking DL

Count 1 of the criminal complaint - traffic - DWI - Refuse to Submit to Chemical Test in violation of Minn. Stat. 169A.20 subd. 2, is DISMISSED. "The constitutionality of the implied consent law and test refusal statute is, at most, merely uncertain--not beyond reasonable doubt."

Denies Defendant's Motion to Suppress Chemical Test.

IC-Breath

IC-breath

CR-Blood

Court of Appeals Reversed; Defendant voluntarily consented to the breathalyzer test

Defendant's motion to dismiss the Third Degree DWI -- Test Refusal charge (Count II) against him is Granted.
Count II, Third Degree DWI -- Test Refusal, is Dismissed.

To add to the database, Judge Tom Hayes in Sherburne county is ruling against pretty much all Brooks challenges (as told to me today by the man himself). He was friendly and explained why, thereby saving my client repeated trips back to Elk River.

Meant to send this out last week: Judge Shawn Bartsch in the Maplewood suburban court stayed all McNeely-related motions again (prior stay date was Sept. 30) until December 31, 2013.

Grants Petitioner's request to rescind the revocation of driving privileges

Consent is valid under MICA and McNeely doesn't apply to consensual tests.

[First Hennepin win!] Blood search; decision is narrow one resulting from a totality of circumstances inquiry

Cass County Judge Austad has suppressed a breath test case in a civil driver's license case due to a warrantless search. Congratulations to Attorney Rich Kenley and his client.

now staying cases pending MN Supreme Court ruling in Brooks.

Sustaines revocation of Petitioner's driving privileges

Denied (D)'s motion to dismiss Refusal to submit to a Breath Test

Dismissed the Defendant's test refusal charge; unconstitutional

Denied from the bench given the "current state of the law in Minnesota." Ruled that the client voluntarily consented to the breath test and that breath is different than blood (although I cited Skinner).

Rescinded revocation of the Petitioner's DL

Judge Pugh upheld the revocation but his order explicitly allowed for the case to be reopened based on the outcome in Brooks.

IC Breath Test - she has denied criminal also.

Agrees with McNeely but holds that the Good Faith exception is valid in MN because the MN Supreme Court hasn't specifically ruled it unconstitutional (yes I know, I said what?) I can pdf order Monday.

Petitioner refused breath test.
State failed to show at least one exception to the warrant requirement.
Sample of individual's breath constitutes a search within 4th Amendment.
Petitioner's motion to rescind the revocation of DL is GRANTED

Motion to Suppress Denied.
No right to refuse b/c consent implied by virtue of driving.

IC case

N.b., this is a REFUSAL: "In order not to rule the refusal statute unconstitutional, His Honor stated that Wiseman narrowly defined the refusal crime to be refusing a lawful search."

This was a blood draw case. The driving conduct was failure to signal a turn. No PBT, no FST.