What is a DRE and Why It is Important?

If you are charged with a marijuana DWI, the State’s manner of proof is far different – and frankly harder – than a standard alcohol-related DWI. The primary reason is that the State is forced to prove actual impairment and cannot r…
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The Odor of Marijuana Alone May Not Justify Vehicle Search

The Supreme Court recently issued a critical decision that will have wide-ranging impact that coincides with the new legalization of marijuana. As outlined previously in this blog, the Court of Appeals ruled that the mere odor of marijuana – wi…
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Marijuana DUI Article Quotes James Gempeler

With the legalization of marijuana possession and use on August 1, 2023, there will be a dramatic change and impact on how police enforce these new laws. And with it will come learning curves. A major point of issue will be the inevitable uptick in m…
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Felon's Right to Vote Restored Sooner with New Minnesota Law Change

One of the most significant collateral consequences to a felony conviction is the loss of civil rights. The primary civil rights in play are the person’s firearm rights and, most importantly, the right to vote. For the latter, a felon’s r…
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Minnesota's Texting While Driving Law is Revised Again - 2023

The Use of Wireless Devices statute – which governs the use of cell phones while driving – has undergone another revision. And it comes just four short years since its most recent revision, demonstrating the ongoing battle to tamper down…
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Beyond a Reasonable Doubt Defined

The Constitution protects every criminal defendant by declaring that the defendant is innocent until proven guilty. And in order to be proven guilty, the State must prove each and every element beyond a reasonable doubt. It is the State’s burde…
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The Unpredictability of Firearm Rights Restoration Litigation

The central analysis in a firearm rights restoration matter is whether the petitioner can demonstrate ‘good cause,’ which is undefined by statute. Previous case law has bestowed upon this vague concept the following definition: “a reason for ta…
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DWI Breath Test - The Observation Period

When a driver gets arrested for a DWI, an officer takes them back to the station and requests an official test to determine the driver’s alcohol concentration level. In the vast majority of cases, the test offered is a breath test, administered…
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Fighting an Order for Protection

If you’ve just been served with an Order for Protection in Minnesota, your world is potentially flipped upside down. It is critical to understand what this Order is, how it immediately impacts you and your daily life, and what your options are…
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How Do I Handle a Warrant for My Arrest in Minnesota?

Warrants for an arrest can happen for a few reasons – missed court appearances, late or non-payments of fines, costs, or child support, and after being charged with a crime (a Ramsey County specialty). If this applies to you, the common questio…
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