Category: DWI testing

Youth Soccer Player punches Referee who later dies

Despite the many good things to be learned when playing sports, there are the occasions where things go terribly wrong. Not only do these occasions hurt the team for which the player is a member, but also may seriously effect the people involved in the altercations. The young man in the story below lost control of his temper, punched a referee and now may face murder charges. You can also read the article below and then see the Reese Witherspoon video of her asking an officer the always dumb question: “do you know who I am?”

http://www.usatoday.com/story/sports/soccer/2013/05/05/police-utah-soccer-referee-punched-by-player-dies/2136379/

For the Reese Witherspoon video: http://www.youtube.com/watch?v=g9fwe_NEerE

Urine samples in Minnesota DWI and Missouri v. McNeely link

The Supreme Court Case Missouri v. McNeely has generated a lot of discussion about Driving Under the Influence cases lately. The topic of when a search warrant will be required in all cases before the taking of a blood, breath or urine sample is currently being debated now that the United States Supreme Court has ruled on Missouri v. McNeely. What effect McNeely will have on Minnesota DWI laws will be determined in the future.

However, many other issues have already been ruled upon regarding DWI laws in Minnesota. One Issue is the first voiding in a urine test. The question was whether this first voiding of urine is an accurate reflection of a person’s blood alcohol content, or is this more of a pooling that has not affected the person’s intoxication level? In the case below, the Minnesota Supreme Court ruled that the intoxication effect on the person is not the proper question, but the law only asks for proof of a person’s urine content.

If you have any questions about your DWI case, please give me a call at 651-200-3484, or see my video as to how I might be able to help you with your other cases.

For a further reading on Missouri v. McNeely, you can use this web address for the complete United States Supreme Court case decision: http://www.supremecourt.gov/opinions/12pdf/11-1425_cb8e.pdf

State v Tanksley (SUP CT, 02-08-2012, A10-0392, Hennepin Co)

First Void Urine Test, Correlation to Blood Alcohol Irrelevant.

The Defendant was convicted of Driving While Intoxicated based on a urine test showing 0.13. The State charged the Defendant with driving under influence and with more than ,08 within 2 hours of driving.

Before trial, The Defendant moved to suppress the urine test and argued for a Frye-Mack hearing stating his first void urine sample and this is an unreliable method of showing blood alcohol. The trial court denied the motion and the Defendant was convicted in a stipulated facts trial.

The Supreme Court analyzes the first question as to whether the correlation
between first void urine testing and blood alcohol concentration is relevant. Court holds that this evidence irrelevant because the Minnesota Statute only requires
proof of urine alcohol concentration, not as to whether a first voiding is more accurate in determining blood alcohol concentration than a second voiding. The Minnesota Supreme Court states that this is analogous to not allowing a defendant to introduce evidence he was not impaired in a charge of driving with a certain alcohol concentration. Therefore, the Minnesota Court does not consider any argument that this method of testing does not reveal a true or accurate alcohol concentration.

Conviction affirmed.