Monthly Archive for: ‘April, 2012’

Statutory Criminal Record Expungement in Minnesota

Minnesota law allows individuals to expunge their criminal records in certain limited circumstances. There are two types of criminal record expungement in Minnesota: “statutory expungment” and “inherent authority expungement.”  Statutory expungement is governed (as the name indicates) by statute (Minn. Stat. Ch. 609A).  Inherent authority expungement, on the other hand, is governed by the inherent authority of the court.  This …

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Inherent Authority Criminal Record Expungement in Minnesota

Minnesota law allows individuals to expunge their criminal records in certain limited circumstances. There are two types of criminal record expungement in Minnesota: “statutory expungment” and “inherent authority expungement.”  Statutory expungement is governed, as the name indicates, by statute.  Inherent authority expungement, on the other hand, is governed by the inherent authority of the court. This post will focus on …

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Minnesota DWI Basics: The Minnesota Implied Consent Law & Test Refusal Crime

The Minnesota Implied Consent Law The Minnesota Implied Consent Law requires that anyone who “drives, operates, or is in physical control” of a motor vehicle in Minnesota consents to be  subject to Minnesota DWI Law and the Implied Consent Law.  The Implied Consent Law further requires a person to submit to a chemical test of their blood, breath, or urine …

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Minnesota DWI Basics: Standard Field Sobriety Tests (SFST)

Standard Field Sobriety Tests (SFST) are typically given when an police officer has reasonable articulable suspicion that a driver has violated Minnesota DWI law.  The failure of one or more of  the SFSTs can be  used by an police officer to establish probable cause to make a valid DWI arrest. So what exactly are the Standard Field Sobriety Tests?  The …

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DWI Traffic Stops in Minnesota: Legal vs. Illegal Police Conduct

DWI arrests in Minnesota frequently begin with a  traffic stop made by a police officer or state patrol trooper.  After the stop there is generally a sequence of actions taken by the officer if they suspect the driver has violated Minnesota DWI law. There are of course, legal and illegal (constitutional and unconstitutional) ways of both initiating a traffic stop and …

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