Edited by Marsh J. Halberg & Debbie Lang
Minnesota CLE’s 4th Edition of the Minnesota DWI Deskbook is the one complete and authoritative resource for DWI practice in Minnesota. Written by more than 35 leading prosecutors, criminal defense attorneys, state agency representatives, and judges, the Deskbook’s 23 chapters comprehensively analyze the full spectrum of DWI topics, offering practical expertise honed by the authors’ decades of experience. With this edition, Editors Marsh Halberg and Debbie Lang, and all of the authors have taken Minnesota’s best DWI desk reference and made it even better. Order yours today!
2021 UPDATE
The 2021 Update to the Minnesota DWI Deskbook includes updates to 14 of the Deskbook’s 23 chapters. The Update includes brand-new case law regarding implied consent, traffic stops, DWI involving controlled substances, blood tests, vehicle forfeiture, and attorney professional responsibility. The 2021 Update also incorporates the latest legislative changes, including the newly enacted statute regarding search warrants and electronic communication. The 2021 Update to the Minnesota DWI Deskbook brings your Deskbook fully up to date, saving you valuable time otherwise lost to research.
BONUS
All hard copy Deskbooks come with a bonus Legal QuickSheet on Minnesota DWI Laws – a handy guide that addresses minimum sentencing requirements, mandatory conditional release requirements, driver’s license revocation period, plate impoundment, vehicle forfeiture, and additional requirements for reinstatement of driving privileges for various DWI offenses.
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CHAPTER 1
Introduction
Foreword to the Fourth Edition; DWI Chart
– Marsh J. Halberg & Debbie E. Lang
CHAPTER 2
Implied Consent
Introduction; An Overview of Minnesota’s Implied Consent Law; Invoking Minnesota’s Implied Consent Law; Test Request and Advisory; Refusal; Reasonable Refusal; Notice of Revocation; Challenging the Revocation; Remedial Loss of Driving Privileges and Other Practical Consequences of Driving While Impaired
– Brian Murn
CHAPTER 3
Driver’s License Law and Sanctions
Introduction; Definitions; Alcohol/Drug Test Conviction and Test Refusal Sanctions; Criminal Vehicular Homicide and Injury (MINN. STAT. §§ 609.2112; 609.2113; 609.2114) or Manslaughter (MINN. STAT. § 609.20); Loss of Driving Privilege for Commercial Class A-B-C Driver’s License Holders; Special Review; Rehabilitation; Underage Drinking and Driving (the “Not a Drop” Law and Vanessa’s Law), Purchase or Attempt to Purchase Alcohol or Tobacco, and Possession of Controlled Substances in a Motor Vehicle; Fleeing a Peace Officer in a Motor Vehicle – MINN. STAT. § 609.487; Limited License; Judicial and Administrative Review of License Loss; Forms; Appendix A – Driver’s Testing Stations; Appendix B – Understanding Minnesota Traffic Law for Drivers Under Age 18
– Andrea Fasbender & Mary Beth Engfer
CHAPTER 4
Automobile Stops and Initial Investigations
The Fourth Amendment Standard; Definition of “Probable Cause”; Exceptional Circumstances Excusing Strict Compliance; Impeachment with Illegally Seized Evidence; Standing; Related Fourth Amendment Claims
– Martin J. Costello
CHAPTER 5
Field Sobriety Testing
Introduction; Basis for Testing; Questioning Techniques; Signs of Impairment; Preliminary Breath Testing; Probable Cause for Arrest; Standardized Field Sobriety Testing; Horizontal Gaze Nystagmus Testing; Accuracy of Field Sobriety Testing
– Kevin Hill & Mark Metz
CHAPTER 6
Breath, Blood, and Urine Testing
Overview of Testing; Demanding/Requesting an Evidentiary Test; Alcohol in the Body; Breath Testing; Blood Testing; Urine Testing; Drug Testing; What Constitutes a Refusal – Criminal Aspects
– Douglas V. Hazelton, Jeremy J. Kaschinske, Charles Ramsay & Daniel Koewler
CHAPTER 7
Controlled Substances
Introduction; Drug Recognition Evaluation: Generally Speaking, What Is It?; Psychoactive Drugs; The 12-Step Drug Recognition Protocol; Minnesota Statutory Law; Minnesota Case Law; Published Decisions from Other Jurisdictions; Additional Issues; Other Resources and Useful Websites; Conclusion; Appendix A – The Minnesota Drug Evaluation and Classification Program
– Karen S. Mara & Sgt. Tyler Milless
CHAPTER 8
Commencing Representation
Introduction; The Phone Call; Initial Consultation; Right to Counsel; Additional Testing; Appendix A – DWI Incident Report; Appendix B – Case Report; Appendix C – Consent to Arraignment; Appendix D – Certificate of Representation; Appendix E – Court Appearance Data Sheet; Appendix F – Immigration Status/Citizenship Declaration and Acknowledgement; Appendix G – Permission for Release of Information; Appendix H – DWI Jail Call Questionnaire and Checklist; Appendix I – Waiver of Hearing; Appendix J – Waiver of Presence
– Steven T. Grimshaw, Eric L. Newmark & Paul A. Overbee
CHAPTER 9
Pretrial Release
Introduction; Overview of the Process; Factors Affecting Release; Statutorily Mandated Conditional Release; Appendix A – Standing Order re: Pre-Appearance Release Procedures and Bail Schedule (Hennepin County)
– Paul J. Gunderson
CHAPTER 10
Prosecuting the Case
Prosecuting Driving While Impaired Cases; Into the Prosecutor’s Hands; Checking First to Determine Whether There Is a Criminal Vehicular Operation Charge; Determining Degrees of Traditional DWIs: Aggravating Factors; The Charging Decision; Common Defenses; Issuance and Procedural Trail of the Complaint; Amending Complaints After Filing; Prosecution Dismissals; The Best Approach; Appendix A – Annotated Complaint
– Christopher P. Renz & Andrew R. Small
CHAPTER 11
Pretrial Matters
Immediate Timing Issues upon DWI Arrest; Prosecutorial Charging Review Standard and Other Intake Tasks; Discovery Matters; Pretrial Rule 5 and Rule 8 Hearings; Policies and Settlement Negotiations; Guilty Pleas; Omnibus Hearings and Motion Practice; Appendix A – Stipulated Trials
– Kevin Hill
CHAPTER 12
Discovery, Evidence, and Other Issues Specific to DWI Trials
Introduction; Discovery; Evidence; Conclusion
– Michael J. Brandt, Danielle C. Peden & Camry Fielders
CHAPTER 13
Physical Control
DWI and Physical Control; What Does It Mean to Be in “Physical Control?”
– Carolyn Agin Bruno & Samantha Foertsch
CHAPTER 14
Sentencing
Introduction; Misdemeanor Driving While Impaired; Gross Misdemeanor Driving While Impaired; Felony Driving While Impaired; Consecutive Sentences; Chemical Dependency Assessment – MINN. STAT. §§ 169A.70, SUBD. 2 & 169A.284; Level of Care – MINN. STAT. § 169A.275, SUBD. 5; Stay of Execution of Sentence – MINN. STAT. § 169A.283; Long-Term Monitoring – MINN. STAT. § 169A.277; Staggered Sentencing; Ignition Interlock Device Program; Notice of Enhanced Penalty – MINN. STAT. § 169A.47; A Review of DWI Sentencing Case Law
– Andrew T. Poole
CHAPTER 15
Ignition Interlock
Introduction; Ignition Interlock Device and Program; Optional Ignition Interlock Usage; Mandatory Ignition Interlock Usage; Employment Exemption; Practical Issues; Vendors; Forms; Appendix A – Ignition Interlock Participation Agreement, Form PS31202; Appendix B – Ignition Interlock Device Program Employment Exemption Application, Form PS31205; Appendix C – Reduced Fee Application for Ignition Interlock Servicing and Mentoring, Form PS31204; Appendix D – Special Review Awareness, Form PS31086; Appendix E – Request for Administrative Review, Form PS31211
– Christina Zauhar
CHAPTER 16
Forfeiture
Introduction; Glossary of Terms; Overview of the Statute; Vehicles Qualifying for Forfeiture; The Forfeiture Action; Settlement of the Forfeiture Action; Constitutional Issues Associated with Forfeiture; Case Law Summary; Appendix A – Demand for Judicial Determination Pursuant to MINN. STAT. § 169A.63, SUBD. 9
– Eric W.M. Bain & Nicole A. Kettwick
CHAPTER 17
License Plate Impoundment
Overview; Current or Triggering Plate Impoundment Violations; Qualified Prior Impaired Driving Incident; Vehicles Subject to Plate Impoundment; Vehicles Not Subject to Plate Impoundment; When Does Impoundment Occur?; Impoundment Process; Post-Impoundment Vehicle Use and Transfer Restrictions; Challenge of Plate Impoundment Order; Return of Regular Plates
– Tran T. Nguyen
CHAPTER 18
Probation
DWI Probation; Mechanics of the Sentence; Procedure and Case Law; Felony DWI Supervision; Community Corrections Programs
– Wesley J. Abrahamson
CHAPTER 19
Appellate Practice
Overview of the Appellate Process; Before the Appeal; Filing and Service Time Limits; Cost Bonds and Related Issues; Service and Filing of Briefs; Mandamus and Prohibition; Motion Practice: Minnesota Rule of Civil Appellate Procedure 127; Oral Argument; Standards of Review; Notice of Decision; Costs and Disbursements; Petitions for Review
– Justice G. Barry Anderson
CHAPTER 20
Insurance and Civil Actions
Insurance; Civil Actions – Motor Vehicle Accidents Involving Intoxication
– David W.H. Jorstad
CHAPTER 21
Ethics and Professional Responsibility
Overview of Law on Ethics and Professional Responsibility; Issues Prior to Representation; Issues During Representation and Before Trial; Issues During Pleas or Trial; Attorney Discipline
– Edward F. Kautzer & Matthew J. Wildes
CHAPTER 22
Felony DWIs
Introduction; Felony DWI Statutory Amendments; Effects of Felony DWI Statutes; Case Law Developments
– Aaron P. Welch
CHAPTER 23
Offenses Involving Recreational Vehicles
Introduction; Special Concerns When the Arrest Is Not Made by a Licensed Peace Officer; Conclusion; Appendix A – 2018 DWI Legislative Changes; Appendix B – DWI Law Extract Booklet
– Steven M. Tallen
Table of Authorities
Subject Index
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