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Jeffrey B Ring

Jeffrey Ring’s Answers

1 total

  • Tailgated by a police officer and it resulting in their probable cause for dwi arrest; unlawful restraint?

    Cars are considered deadly weapons when fleeing (been a violent crime for a few years now). So, if an officer induced a driving error by following much to closely for a mile, could an unlawful restraint defense work? You can't speed up (you're goi...

    Jeffrey’s Answer

    I think Mr. Patrin's answer came closest to what you need to know. I do these cases as well, and he is correct that in the past MN has appellate decisions where the defense successfully proved that the stop was caused by "black and white fever", meaning that anything erratic was the result of an officer in such close proximity, basically creating his own cause to stop the vehicle. One such case came from a panel with two very conservative judges who agreed the stop was bad, so citing that case has great weight. It is not impossible, it depends on the facts, and, frankly, on which judge your lawyer can get you in front of to hear the challenge. Jeff Ring

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