Thursday, April 28, 2011

DWI Appeal - Minnesota Refusal Reversed From Underinsured Cops

This case is brought to DAD through the watchful eyes of NCDD Member Doug Hazelton. In State of Minnesota v. Hester--- N.W.2d ----, 2011 WL 1563683 (Minn.) the defendant was convcited of criminal test refusal. A person can commit criminal test refusal in violation of Minn.Stat. § 169A.20, subd. 2 (2010), only if he or she refuses a request to take a chemical test of the person's blood, breath, or urine that is made by a “peace officer,” as defined in Minn.Stat. § 169A.03, subd. 18 (2010). On appeal, the Minnesota Supreme Court held that because the Lower Sioux did not comply with Minn.Stat. § 626.91, subd. 2(a)(2), by failing to carry the required liability insurance limits at the time of appellant's arrest, the Lower Sioux police officer did not have the authority to request that appellant take a chemical test.

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