Bernard v. Minnesota (14-1470)
Dec 11, 2015OUTCOME: Pending
Filed Amicus Curiae brief before the U.S. Supreme Court; Court being asked to decide the constitutionality of Minnesota's DWI Test Refusal Law
Roseville, MN
DUI and DWI Lawyer at Roseville, MN
Practice Areas: DUI & DWI, Appeals, Criminal Defense
OUTCOME: Pending
Filed Amicus Curiae brief before the U.S. Supreme Court; Court being asked to decide the constitutionality of Minnesota's DWI Test Refusal Law
OUTCOME: Favorable settlement reached, while preventing an unfavorable one.
We intervened in Federal Court on behalf of four clients charged with DWI, in order to ensure that we would be able to analyze the source code that controls the Intoxilyzer 5000 breath test machine. We ... prevented a faulty settlement from being approved by the Court, and ultimately worked to craft the settlement that is now being used throughout Minnesota to challenge DWI breath tests.
OUTCOME: Judge threw out urine test results: case was won
See my Minnesota DWI Defense Blog for a copy of the order. Judge Carter granted our motion for a Frye/Mack hearing to determine whether Urine Testing is generally recognized by the forensic science com ... munity. After a hearing, the Court found that urine testing, as performed in Minnesota, is not scientifically valid or reliable and suppressed the test result. He rescinded my client's license revocation and deleted the revocation from our client's driving record.
OUTCOME: Judge threw out urine test results: case was won
See my Minnesota DWI Defense Blog for a copy of the order. The Court found that the urine test used to revoke our client's drivers' license was so unscientific, and produced such "absurd results," that ... it the legislature could not possibly have intended the results. The Court found in favor of our client, returned his driver's license, and removed any reference to this revocation from his driving record.