Archive for the ‘DWI DUI’ Category

Hoping Someone Gets Killed Not Terroristic Threats: MN Court Appeals

Tuesday, December 6th, 2016

Yesterday, the Minnesota Court of Appeals reversed a conviction of Felony Terroristic Threats based on an alleged threat to a state trooper. During questioning regarding a DWI breath test by the trooper, the motorist told the trooper the following:

“It is no wonder people are killing you guys. I truly hope that you are one of the cops that gets their head blown
off. I truly hope that because I have done nothing wrong. I stopped to make a fucking phone call because I got
beat up. You guys are assholes.”

Later, at the hospital, the motorist leaned over to the trooper and said, “I hope someone puts a slug in your head, you loser.”

The motorist was charged with a DWI, felony terroristic threats for his comments to the trooper, and several other less serious charges. The law makes it a crime to declare an intention to injure another by violence, which includes felony assaults and murder. However, at trial, the trooper admitted the motorist never said that he would do anything, or intended to do anything to the trooper. Instead, the motorist stated he hoped someone would commit a murder. Nonetheless, the jury found the motorist guilty of terroristic threats.

In reversing, the terroristic threats conviction, the Court of Appeals held that the his statements did not constitute direct threats to commit a crime of violence, and that a threat must communicate that the person will act accordingly.

Read the full court decision here.

_____________________________________________

Coley Grostyan is a Minnesota criminal defense attorney.

Law Office of Coley J. Grostyan, PLLC
701 Fourth Avenue South, Suite 300
Minneapolis, MN 55415

No license revocation after refusing DUI urine test: MN Court of Appeals

Monday, November 7th, 2016

dwi imageThe MN Court of Appeals issued an opinion today upholding the reinstatement of a driver’s license when the arresting officer misled a driver by stating that refusing a urine test is a crime.

In the case decided today, the Commissioner of Public Safety revoked the driver’s license after he refused urine and blood tests. The officer told the driver it was a crime to refuse a urine test. The officer was reading from Minnesota’s Implied Consent Advisory, which they are required to do. However, the legislature had not changed the wording of the advisory to comport with the changes in the law at the time. Even though the the officer did not intentionally mislead the driver or act in bad faith, the advisory is inaccurate and still violates due process. Therefore, the reading, on its face, is misleading and violates Due Process.

Over the past few years, several appeals have reshaped what law enforcement can and cannot do when suspecting someone of driving under the influence. The changes include that, in most circumstances, officers must obtain a search warrant to obtain a blood or urine test from a suspected intoxicated driver. Although this appeal is of a civil license revocation case, not an appeal of a criminal case, the Court conducted a due process analysis when the previous criminal appeals dealt with unreasonable searches under the 4th Amendment.

The caveat to this ruling today is that the appellate courts only require a warrant for blood or urine testing, not breath tests. The reasoning is that you have a greater expectation of privacy when compared to blowing into a breathalyzer machine. Therefore, while refusing a breath test is a crime, refusal to allow law enforcement to draw blood from your body or provide a urine sample while they watch is not.

Read the full court decision here.

_____________________________________________

Coley Grostyan is a Minneapolis based MN DWI defense attorney who represents individuals accused of driving while intoxicated throughout the State of Minnesota.

Law Office of Coley J. Grostyan, PLLC
701 Fourth Avenue South, Suite 300
Minneapolis, MN 55415

MN House passes bill to limit DWI immunity for legislators

Thursday, April 10th, 2014

April 10, 2014

Yesterday, the Minnesota House of Representatives passed H.F. 2281 with a vote of 115-13 in favor of the bill. The bill has been forwarded on to the State Senate for consideration.
The bill, if enacted into law, would make a DWI a “breach of the peace,” allowing the lawmaker to be arrested while the house is in session. After being arrested and booked, lawmakers would be still be allowed to vote. Current law grants legislators immunity from arrest while the house is in session except for “treason, felony, and breach of the peace.” The reason for the current law is to combat arrests that are intended to prevent a legislator from voting.

_____________________________________________

Coley Grostyan is a Minneapolis, MN DWI defense attorney who represents individuals accused of alcohol related crimes in the Minnesota.

Law Office of Coley J. Grostyan, PLLC
701 Fourth Avenue South, Suite 300
Minneapolis, MN 55415

NTSB Recommends DWI limit reduced to .05

Wednesday, May 15th, 2013

The National Transportation Safety Board (NTSB) announced its recommendation to reduce the DWI Blood Alcohol Content from .08 to .05. The NTSB’s lowered legal blood alcohol recommendation is based on evidence in other countries that suggests a the lower limit is attributed to a significant drop in alcohol related highway deaths.

_____________________________________________

Coley Grostyan is a Minneapolis, MN DWI defense attorney who represents individuals accused of alcohol related crimes in the Minnesota.

Law Office of Coley J. Grostyan, PLLC
701 Fourth Avenue South, Suite 300
Minneapolis, MN 55415

Dismissal of Segway DWI Charges upheld

Tuesday, January 22nd, 2013

The Minnesota Court of Appeals upheld the dismissal of DWI charges against a man who was arrested for operating a Segway while under the influence. The court held that a Segway is not a motor vehicle under Minnesota law and stated that “excluding the operation of Segways from the DWI statutes avoids an unreasonable and illogical result.”

Read the entire court opinion HERE.

Coley Grostyan is a Minneapolis, MN DWI defense attorney who represents individuals charged with driving while impaired (DWI), and all other impaired driving related charges in the Twin Cities, surrounding suburbs, and throughout the State of Minnesota.

_____________________________________________

Law Office of Coley J. Grostyan, PLLC
701 Fourth Avenue South, Suite 300
Minneapolis, MN 55415
USA