MUNICIPAL COURT APPEAL of cell phone conviction properly dismissed for failure of jurisdictional amount of fine… Parker affirmed (IOR I-3(c)). [Read more…]
Drug paraphernalia, syringe found in coat pocket
DRUG PARAPHERNALIA: Sufficient evidence that syringe in Defendant’s coat pocket was paraphernalia that Defendant intended to use to inject dangerous drugs… Bolstad/Kutzman affirmed (IOR I-3(c)). [Read more…]
DUI, non-specific reference to PBT, “increasing” BAC
DUI: Non-specific reference to PBT in Municipal Court trial improperly allowed to impeach claim of increased BAC between PBT and Intoxylizer without reliability foundation but error was harmless… conviction affirmed… Luth reversed, Best affirmed (IOR I-3(c)). [Read more…]
Sentencing, officers’ overtime as “costs of prosecution”
SENTENCING: Overtime for testifying officers improperly imposed as “costs of prosecution”… other sentencing errors for damage of car wash… Bolstad/Pinski reversed… order. [Read more…]
DUI, passive BAC test compliance
DUI: Passive compliance with blood test insufficient withdrawal of implied consent… Bolstad/Macek affirmed. [Read more…]
DUI, “homeless” man sleeping in car, intent
DUI: “Homeless” man found sleeping in parked vehicle with engine running properly precluded from testifying that he did not intend to drive while under the influence… Bolstad/Pinski affirmed (IOR I-3(c)). [Read more…]
DUI, passed-out driver in university parking lot
DUI: Passed-out driver in university parking lot satisfied “way of this state open to the public,” conviction affirmed… Macek [Read more…]