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Ascheman Law Criminal Defense Blog

Happy St. Patrick’s Day

Happy St. Patrick's Day everyone.  On this wonderful day we celebrate the patron saint of Ireland.  Legend says he chased the snakes out of Ireland.  Today the holiday has become more secular and focuses on a celebration of the Irish culture.   I...

DWI Vehicle Forfeiture

169A.63 VEHICLE FORFEITURE. Subdivision 1.Definitions. (a) As used in this section, the following terms have the meanings given them. (b) "Appropriate agency" means a law enforcement agency that has the authority to make an arrest for a violation of a designated...

DWI Administrative Plate Impound

169A.60 ADMINISTRATIVE IMPOUNDMENT OF PLATES. Subdivision 1.Definitions. (a) As used in this section, the following terms have the meanings given in this subdivision. (b) "Family or household member" has the meaning given in section 169A.63, subdivision 1. (c) "Motor...

Review of DWI License Revocation

169A.53 ADMINISTRATIVE AND JUDICIAL REVIEW OF LICENSE REVOCATION. Subdivision 1.Administrative review. (a) At any time during a period of revocation imposed under section 169A.52 (revocation of license for test failure or refusal) or a period of disqualification...

Test Refusal – DWI

169A.52 TEST REFUSAL OR FAILURE; LICENSE REVOCATION. Subdivision 1.Test refusal. If a person refuses to permit a test, then a test must not be given, but the peace officer shall report the refusal to the commissioner and the authority having responsibility for...

DWI Affirmative Defenses

169A.46 AFFIRMATIVE DEFENSES. Subdivision 1.Impairment occurred after driving ceased. If proven by a preponderance of the evidence, it is an affirmative defense to a violation of section 169A.20, subdivision 1, clause (5); 1a, clause (5); 1b, clause (5); or 1c, clause...

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