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The Minnesota Supreme Court ruled today in State v. Rosenbush that a driver does not have a right to consult with counsel prior to making a decision of whether to submit to blood or urine testing pursuant to a DWI investigation when law enforcement has obtained a search warrant. The court refused to extend the protections created in Friedman v. Commissioner of Public Safety to blood or urine tests

In Minnesota, offenders convicted of certain felony offenses, coupled with certain criminal history scores, are presumed to serve a set prison sentence. The Minnesota Sentencing Guidelines Commission has organized this information into grids, one for “standard” offenses, one for sex offenses, and one for drug offenses. In short, a downward dispositional departure occurs when an offender is presumed to serve a prison sentence but is instead put on probation.