Archive for the ‘Uncategorized’ Category

MN Senate Repeals Sunday Liquor Sale Ban

Monday, February 27th, 2017

Pasminneapolissed by the House last week, the Minnesota Senate passed a a similar bill today repealing the ban on Sunday liquor sales. The Senate’s bill will now be sent back to the MN House of Representatives. to address the difference in Sunday opening hours for liquor stores with H.F. 30. If there is agreement, the passed bill will be sent on to Governor Dayton for signing.

If passed and sign by the governor, store could begin selling liquor on Sundays as soon as July.

Read S.F. 1086 passed by the Senate here

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Coley Grostyan is a Minneapolis DWI defense attorney.

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

First Amendment Right to Flash Headlights Warning of Speed Trap

Thursday, February 6th, 2014

A Missouri federal district court judge has ruled that drivers a have a First Amendment right to warn others of police presence by flashing vehicle headlights. The civil rights suit by Michael Elli was initiated after he was arrested for flashing his headlights at other drivers warning of a radar speed trap by police in Ellisville, MO. In response to city’s claim that Michael Elli was interfering with a police investigation by flashing his headlights, U.S. District Judge Henry Autrey stated that flashing headlights to oncoming motorists, “sends a message to bring one’s driving in conformity with the law — whether it be by slowing down, turning on one’s own headlamps at dusk or in the rain, or proceeding with caution.” Read more on the ruling here..

Although Minnesota courts have not dealt with the First Amendment issue as it relates to flashing headlights, the MN Court of Appeals has held that a driver flashing high-beams at oncoming traffic is not a basis for traffic stop when there is no indication the headlights projected “glaring rays…into the eyes of the oncoming driver.” In Sarber v. Commissioner of Public Safety, the driver was stopped and arrested for DWI after he flashed his high-beams at a Mille Lacs County deputy. Because Minnesota law only prohibits the “use of headlights in a manner that blinds or impairs other drivers,” and there was no evidence of the headlights blinded the deputy, the Court reversed Sarber’s driver’s license revocation and plate impoundment.

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Coley Grostyan is a Minnesota DWI and traffic defense attorney who regularly represents clients accused of traffic violations.

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

Football star exonerated of rape conviction after accuser recants

Monday, May 28th, 2012

Brian Banks was an all-star middle linebacker for Long Beach Polytechnic High School. Heavily recruited, Banks was supposed to play for USC before being convicted of rape in 2002. Banks served 5 years in prison for the conviction. In addition to Banks’ conviction, his accuser, Wanetta Gibson, received $1.5 million in a civil suit against the school district.

After his release from prison, Gibson told Banks that she lied. However, she refused to admit that to prosecutors when confronted with the information. Instead, Gibson’s revelation was videotaped during a meeting with Banks. During that meeting, in reference to the civil settlement, Gibson stated, “‘I will go through with helping you but it’s like at the same time all that money they gave us, I mean gave me, I don’t want to have to pay it back,” The meeting prompted prosecutors to agree that Banks’ conviction should be thrown out.

Based on his accuser’s revelation, Banks’ conviction was reversed. Although 26 years old, Banks hopes his the reversal of his conviction opens the door to an NFL career.

It is unclear if Gibson will be charged for making the false accusation.

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Coley Grostyan is a Minneapolis, MN criminal defense attorney who represents individuals accused of criminal sexual conduct crimes in the Twin Cities and surrounding suburbs, and throughout the State of Minnesota.

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

Governor Vetoes Defense of Dwelling and Person Act

Monday, March 5th, 2012

Citing law enforcement’s opposition to the bill, Governor Dayton vetoed the Minnesota Defense of Dwelling and Person Act of 2011 today.

I have been following this bill closely as it made its way through the Minnesota legislature as it would have substantially changed the advice I give to my clients who own and carry firearms. As I previously posted, the bill would have done away with the common law duty of reasonable retreat when self-defense is exacted outside of the home. With Governor Dayton’s veto, the law will remain as only authorizing the use of deadly force when necessary to resist a crime when there is an objective, good faith belief in the threat of great bodily harm or death, or to prevent the commission of a felony in your own home.

Coley Grostyan is a Minneapolis, MN criminal defense attorney who represents individuals accused of gun crimes in the Twin Cities and surrounding suburbs, and throughout the State of Minnesota.

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

Minnesota Defense of Dwelling and Person Act Passes House

Friday, March 2nd, 2012

As expected, the Minnesota House passed the Minnesota Defense of Dwelling and Person Act of 2011 on Wednesday. The bill passed by a vote of 85-47. The bill has been sent to Governor Mark Dayton for signature. After meeting with the bill’s sponsor and hearing opposition from law enforcement, Governor Dayton stated that he wait three days to decide whether to sign or veto the bill.

I previously wrote about the castle doctrine bill and how it would change Minnesotans’ ability to use deadly force to defend themselves here.

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