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No Right To Consult With Counsel Prior to Deciding to Submit to Blood or Urine Testing in a DWI

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

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What is a Downward Dispositional Departure?

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.

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