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The Myth of Marijuana DUI vs. Science

    Driving under the influence of marijuana is already a crime in Minnesota.  And that will not change when Minnesota legalizes marijuana.  marijuana DUI will still be a crime. Unfortunately, some opponents of legalization use false beliefs, disproven by law-enforcement funded scientific research, to argue against legalization. So some promote fear that legalization will equate to more marijuana DUI cases.  And their unstated… Read More »The Myth of Marijuana DUI vs. Science

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    Countermeasures at a DWI Stop

      Is it a crime to drink and drive? No, of course it is not.  But some people out there – like MADD people – who appear hellbent on bringing back the Alcohol Prohibition; step by step.  Do you know how to best handle a DWI stop in Minnesota? Sure. “Don’t drink and drive,” can prevent a problem. So can… Read More »Countermeasures at a DWI Stop

      DWI charge dismissed

      Due Process Defense wins DWI & Implied Consent Cases – Dismissed & Rescinded

        Today Thomas C. Gallagher was successful in getting a Gross Misdemeanor DWI Refusal case dismissed by the prosecutor a few days before the scheduled Contested Omnibus Hearing.  Gallagher had filed a motion to dismiss due to the arresting police officers violation of the drivers right to due process and failure to vindicate her right to pre-test legal counsel.  The officer interfered with her efforts to reach an attorney by phone, then answered her legal questions including giving her legal advice which included “you won’t get any jail time after you go to court if you refuse the chemical test.” 

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