Author: sarahkimballlawoffice

Controlled Substance Sale within a “School Zone”

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Did a sale of a controlled substance occur within a school zone?

Minn. Stat. Section 152.01, subd. 14a defines “school zone” as “(1) any property owned, leased, or controlled by a school district or an organization operating a nonpublic school,” and “(2) the area surrounding school property as described in clause (1) to a distance of 300 feet or one city block, whichever distance is greater, beyond the school property…”  When the area surrounding a school property is organized in a city-block system, “one city block” creates a zone that includes the entirety of “first-ring” city blocks. Therefore, a school zone would include each of the city blocks that is adjacent or diagonal to the city block containing the school property. See Edward John Lapenotiere, Jr. v. State, No. A17-0456, 916 N.W.2d 351 (Minn. 8/1/2018).

Traffic Accident Equals a Misdemeanor Charge

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Many traffic offenses are petty misdemeanors, which means they are NOT a crime.  A petty misdemeanor is punishable by only a fine up to $300 plus fees and surcharges.  Some examples are: speeding, running a stop sign, failing to move over for an emergency vehicle, making an illegal U-turn, and failing to signal a turn.  However, when the police officer determines that you “endangered person or property”, (s)he can check the so-titled box on the citation, which enhances the petty misdemeanor to a misdemeanor.  A misdemeanor is a crime, punishable by a maximum of 90 days in jail, a $1,000 fine, or both.  Causing an accident essentially guarantees that the officer will check this box and means that you are facing a more serious offense than a “simple” traffic offense.  If at all possible, you want to keep these types of offenses off of your driving record.

Forfeited Vehicle

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If you get a DWI and total your car, YOU are entitled to the insurance proceeds, NOT the forfeiting agency.  The Court of Appeals recently affirmed the district court decision that only the property rights in the vehicle are subject to forfeiture.  Insurance proceeds are payments due under an insurance contract about a vehicle and are not a property interest in the vehicle.  Russell Eldon Briles v. 2013 GMC Terrain, ___ N.W.2d ___, A16-0768, 2018 WL 845974 (Minn. 2/14/2018)

CategoriesDWI

DWI

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Do you have to be driving to get a DWI?  No, you do not.

A DWI includes driving or “operating” a motor vehicle.  “Operating” a motor vehicle includes being “in physical control” of the vehicle.  The courts have held that “physical control” of the vehicle includes sitting in the driver’s seat with the keys within arm’s reach.  State v. Fleck.  As recently affirmed by the Minnesota Supreme Court, it also includes grabbing the steering wheel while someone else is driving. State v. Tchad Hu Henderson.  In fact, in the case where a woman was standing on the side of the road with a flat tire, the car was running and the keys were in the ignition, the Minnesota Court of Appeals found that physical control was present.  State v. Woodward.

CategoriesDWI

Driving on Lane Marking

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Appellant challenged both his conviction for DWI and driver’s license revocation, arguing the stop of the vehicle, based on appellant driving on but not over the fog line, was unconstitutional.  The court defines “lane,” as used in Minn. Stat. section 169.18.7(a), which makes it a violation to move from one’s traffic lane, as the area between markings, but not the lane markings themselves.  Thus, appellant driving on the fog line gave police a reasonable, articulable suspicion of a traffic violation.  His conviction and driver’s license revocation are affirmed.  Kruse v. Comm’r Pub. Safety, __ N.W.2d __, A17-0552, A17-0564, 2018 WL 312944 (Minn. Ct. App. 1/8/2018).