Sat, 26 Jun 2010 01:07:12 +0000

What are some potentially effective countermeasures, then? If the window is not open, or open about an inch or so - that is plenty to pass the drivers license and insurance card through, but not enough to expose the odor of alcohol. You can refuse to do lower the window to force the officer to make a forceful command to do so, making it difficult for them to argue you did so voluntarily. When speaking to the police officer through the almost closed window, the driver can avoid eye contact. This prevents the officer from being able to observe the cliché "bloodshot watery eyes" they imagine come only with drinking. It's a good idea to have the drivers license and insurance card in hand immediately after stopping, well before the police officer walks up to the vehicle to request those. They are in your hands already, which are in plain sight on the steering wheel. If asked "have you been drinking tonight?" you are not required to answer or answer responsively. Continue reading →

Sun, 21 Feb 2010 17:36:30 +0000

Will Minnesota lawmakers heed the call of the Minnesota Supreme Court and public outrage and undo the "Minnesota Bong Water Case?" A Bill has been introduced in the Minnesota House, H.F. No. 2757, to amend Minnesota Statutes section 152.01, subdivision 9a, to read: Subd. 9a. Mixture. "Mixture" means a preparation, compound, mixture, or substance containing a controlled substance, regardless of where purity is relevant only when weighing the residue of a controlled substance. If adopted into law, this would bring back proportionality of the severity of a drug crime to quantity. Continue reading →

Thu, 17 Dec 2009 22:49:09 +0000

The Case, David Lee Laase vs 2007 Chevrolet Tahoe, A07-2023, December 17, 2009, was another 4-3 split decision - with the majority reversing the Minnesota Court of Appeals, to rule against the civil property rights of the individual Continue reading →

Sat, 24 Oct 2009 00:53:14 +0000

The Minnesota Supreme Court, in a 4-3 decision, has now ruled that Bong Water (water which had been used in a water pipe) was a "mixture" of "25 grams or more" supporting a criminal conviction for Controlled Substance crime in the first degree. The crime is the most serious felony drug crime in Minnesota, with a maximum penalty of 30 years in prison for a first offense. The case is Minnesota v Peck, A08-579, Minnesota Supreme Court, October 22, 2009. The majority opinion takes a literal view, arguing in essence that any amount of a substance dissolved in water makes that water a "mixture" containing that substance. Perhaps. But, since Minnesota's criminal prohibition laws are organized to make greater quantities of drug possession a more serious crime than smaller quantities, such a simple-minded view defeats the purpose of the quantity-based severity levels. Continue reading →