U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

DWI Prosecutors Update

NCJ Number
136916
Author(s)
I Sellars; W J Jeronimus; J Bisek
Date Published
1991
Length
136 pages
Annotation
An update is presented of legal decisions and their analysis in Minnesota regarding drunk driving.
Abstract
A table of authority lists cases reported which are unpublished opinions. Included are the pertinent sections of MS 480A.08 which indicate how these decisions may be used and the case numbers and date of decision filing. The section on DWI and implied consent cases summarizes investigation; pre-trial procedure, trial procedure, post conviction, and trial court appeals; evidence and miscellaneous topics of statutory interpretation; judicial reviews of administration actions; and attorneys fees. A synopsis of selected cases includes the facts, issues, and decisions for each particular case. A synopsis of right to counsel DWI cases contains a memorandum from the office of the attorney general to all public safety attorneys dated June 6, 1991 which lists past decisions of the Minnesota Supreme Court and Court of Appeals dealing with the right to counsel in the context of DWI arrest. In a legislative update on DWI development, implied consent advisor, limited license, pilot program for ignition interlock devices, breathalyzer immunity, admissibility of preliminary screening test results, and punitive damages are covered. Also listed are traffic laws amended by the 1991 legislature as well as the Minnesota statute defining hazardous substances.