MORE OF THE SLIPPERY SLOPE: State v. Bernard – MN Court Holds Refusal Law Constitutional.
The current rubber stamp on Minnesota DWI Laws puts everyone’s liberty at stake. You can disagree with drinking and driving – but laws that make it easier for government to criminalize refusal – have far reaching and detrimental consequences for us all.
According to current Minnesota DWI refusal law, it is a crime for a person to refuse to allow law enforcement warrantless access into an area where the person has an expectation of privacy. It is also a crime for that person to refuse to give potential evidence against himself or herself.
Change the scenario: Law enforcement comes to your house and tells you have a choice to either let them come in or not. But if you don’t let them come into search your house you will be charged with a crime of “refusing” to allow them to come into your house. You refuse to allow them to come in without a search warrant and you are now charged with the more severe crime of “refusal.”
Today’s decision further erodes the privacy rights of the citizenry. In State v. Bernard, NW2d , (Minn. App. March 17, 2014), the Minnesota Court of Appeals held “[t]he state is not constitutionally precluded from criminalizing a suspected drunk driver’s refusal to submit to a chemical test under circumstances in which the requesting officer had grounds to have obtained a constitutionally reasonable nonconsensual chemical test by securing and executing a warrant requiring the driver to submit to testing.”
Sharon R. Osborn accepted into the National College for DUI Defense.
The National College for DUI Defense (NCDD) is a professional, non-profit corporation dedicated to the improvement of the criminal defense bar, and to the dissemination of information to the public about drunk driving law and related issues. With almost 1000 attorney members nationwide, the organization consists of a dean, a governing board of regents, a founding membership, a sustaining membership and a general membership, and is headquartered in Montgomery, Alabama.
The college’s mission statement states that “In sum, the mission of the College is to vindicate the promise of the United States Constitution, that a citizen accused has the right to the effective assistance of his or her counsel.”
Sharon R. Osborn to attend The 21st Annual Mastering Scientific Evidence in DWI/DUI Cases in New Orleans, LA.
The 21st Annual Mastering Scientific Evidence in DWI/DUI Cases features the world renowned scientific alcohol researcher – and most frequently cited state’s expert – Dr. A.W. Jones, along with the top lawyers in the country in handling blood test cases.
Sharon R. Osborn will be presenting at the Annual 2013 Minnesota Society for Criminal Justice DWI Seminar.
“the most leading-edge DWI defense information – from the premier Minnesota criminal defense lawyers organization representing those charged with DWI.”
Missouri v. McNeely . The U.S. Supreme Court Dumps Mn DWI Law on its Head. The Government’s Practice of Warrantless Search and Seizure in DWI Cases is Held Unconstitutional.
Though the state attempts to argue a narrow holding in McNeely and that it only applies to blood testing – the remand to…day is a clear message from the U.S. Supreme Court that regardless of the “type” of DWI test (blood, breath or urine) – the 4th Amendment of the United States Constitution cannot be trumped by the politics of DWI.
Brooks, Wesley E. v. Minnesota
United States Supreme Court reverses and remands Minnesota urine cases based upon Missouri v. McNeely.
“The petition for a writ of certiorari is granted. The judgments are vacated, and the cases are remanded to the Court of Appeals of Minnesota for further consideration in light of Missouri v. McNeely, 569 U.S. ___ (2013).”
Sharon Osborn is Certified as an expert in NHTSA field sobriety testing.
Attorney Sharon Osborn has completed the National Highway Traffic Safety Administration (NHTSA) coursework to become certified in field sobriety training. The NHTSA training is the same used by all Minnesota Law Enforcement officers for DWI enforcement. With the same field sobriety training as law enforcement, Ms. Osborn is able to effectively cross-exam officers on their testing procedure. Ms. Osborn’s certification adds to her already substantial arsenal which she uses to defend her clients against improper police tactics and procedures.
Osborn Law Office expands and adds a new Princeton Office.
Osborn Law has moved its Princeton office to: 209 Rum River Drive NW,Princeton MN 55371.
Sharon Osborn voted in as a Member of the Minnesota Society for Criminal Justice (MSCJ).
MSCJ is a Minnesota association of criminal defense lawyers, MSCJ is operated as a College of criminal defense attorneys. Membership is by invitation, by vote of the existing membership when vacancies come up. 4/2010
Osborn Law Office becomes a member of the Source Code Coalition.
Members of the Source Code Coalition are entitled to the final report generated from the MSCJ team of experts’ analysis of the Intoxilyzer 5000EN source code. 8/2009
To Better Serve Our Client’s to the North – Osborn Law Office Opens New Office in Princeton, MN. 7/2009
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