Star Tribune Interviews Attorney Dan Koewler To Discuss the State v. Bernard DWI Test Refusal Decision

Home > Fourth Amendment > Star Tribune Interviews Attorney Dan Koewler To Discuss the State v. Bernard DWI Test Refusal DecisionPosted on February 13, 2015 by Chuck Ramsay
In the wake of the Bernard
decision (the Minnesota Supreme Court's latest decision finding Minnesota's DWI Test Refusal Law constitutional, after previous attempts to obtain review of the constitutional issue were rejected by the United States Supreme Court) Ramsay Law Firm has been deluged with requests for our reaction to the decision, and our analysis of what this decision means and how it will potentially be applied in the future.
Ramsay Law Firm's Dan Koewler discussed the case with Fox9 and WCCO Channel 4, and also responded to requests from the Star Tribune and other local print media. Here's an excerpt from the Star Tribune article:

The exception cited by the state Supreme Court that allows police to do a warrantless breath test is legally referred to as a “search incident to a valid arrest exception.” Gildea said that the state high court could not find a single case anywhere in the country prohibiting a breath test under that exception.
Yet the ruling deals only with a breath test and makes only a passing reference to the constitutionality of a blood or urine test for a suspected drunken driver. That may open the door for a driver to demand a warrant before giving a sample, said Dan Koewler, a DWI defense lawyer who submitted a brief in support of Bernard from the Minnesota Society for Criminal Justice. “This is notable, and leaves more questions than answers,” he said.

We've got plenty more to say about the court's reasoning in Bernard
, and we'll be sharing it here. Fasten your seat belts, it's gonna be bumpy ride as Minnesota's legal community adjusts to a radical new interpretation of the United States Constitution.

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Star Tribune Interviews Dan Koewler Regarding the Bernard DWI Test Refual Decision

Home > Fourth Amendment > Star Tribune Interviews Dan Koewler Regarding the Bernard DWI Test Refual DecisionPosted on February 13, 2015 by Chuck Ramsay

In the wake of the Bernard decision (the Minnesota Supreme Court's latest decision finding Minnesota's DWI Test Refusal Law Constitutional, after previous attempts were rejected by the United States Supreme Court) Ramsay Law Firm was peppered with requests for our analysis on what this decision means and how it will potentially be applied in the future.

Ramsay Law Firm's Dan Koewler discussed the case with Fox9 and WCCO Channel 4, and also discussed the case with the local print media with commentary in the Star Tribune. You can read the full article here, but here is what Koewler had to say:

Stay tuned, as we'll be providing significantly more analysis in the upcoming weeks, as Minnesota's legal community adjusts to a radically new way of interpreting the United States Constitution.

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Breaking News: Minnesota Supreme Court To Issue Bernard Decision on Wednesday

Home > Fourth Amendment > Breaking News: Minnesota Supreme Court To Issue Bernard Decision on WednesdayPosted on February 9, 2015 by Dan Koewler

We just received notice that the Minnesota Supreme Court will issue its potentially groundbreaking decision in State v. Bernard this upcoming Wednesday, February 11, 2015. In the Bernard case, the Court is being asked to decide whether it is constitutional for the government to criminalize an individual's refusal to submit to a warrantless (and thus presumptively illegal) search.

Want to know more?

You've got two days to watch the oral arguments presented in the case here.

You can read some of our speculation here.

We were given permission to file an amicus curiae brief in this case, and filed on behalf of the Minnesota Society for Criminal Justice and the Minnesota Association of Criminal Defense Lawyers, two very notable and worthy defense organizations in Minnesota.

Any further speculation on this decision is pointless at this point, as we'll have our answer in two days. With hundreds of cases on hold pending this decision, Wednesday is certain to be a very big day.

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How many days do I have to appeal a DOL Decision?

THE DUISEATTLE.COM BLOG : How many days do I have to appeal a DOL Decision? THE DUISEATTLE.COM BLOG Your Community Resource for DUI and Criminal Traffic Defense in Washington State. Writings of Seattle DUI Lawyer and Seattle Criminal Lawyer W. James Kotlowski. A Discussion of Washington State DUI, Physical Control, Reckless Driving, Negligent Driving, Deferred Prosecution, Department of Licensing and Criminal Traffic Law Issues. 20 years of experience. Call or Text - 206.335.2422 for a Free Consultation. HomeArchivesProfileSubscribe Lawyer Walter Kotlowski | Top Attorney DUI How many days do I have to appeal a DOL Decision?How many Jurors will be in my DUI Trial?Do DUI attorneys offer monthly payment plans?Will my Seattle PD DUI arrest be recorded?Can I record the DOL Hearing?Can I do another deferred - if for mental health?Will I get an occupational license or an Ignition Interlock License?Can I get my Deferred Prosecution be dismissed early?A day to be Thankful and ResponsibleWill I receive credit for SCRAM? Search OFFICEContact Information
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« How many Jurors will be in my DUI Trial? |Main

December 05, 2014 How many days do I have to appeal a DOL Decision?

You have 30 days from the date of the Order to appeal a Department of Licensing (DOL) Hearing to Superior Court.

Posted at 04:17 AM in DOL administrative hearing, DOL Hearing, DOL Issues, RALJ | Permalink

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