Thursday, April 28, 2011
Arrests Don't Always Mean Convictions - Part 3
As I've gone on about before (and before,) just because someone is arrested - that does not mean that he or she will be convicted. Upon a first reading of these facts - a driver crashes, has contact with someone who for all intents and purposes appears to be a police officer, is asked to have his blood tested to determine its alcohol content and refuses to do so - one would think that he's guilty violating Minn.Stat. § 169A.20, subd. 2 - which says that it is a crime if a driver refuses a request to take a chemical test to determine the alcohol content of his blood, breath or urine.
However, as the supreme court points out, that request for a test needs to be made by an actual police officer --- not just someone who holds him out to be one.
Granted, this issue is a novel one - and may not soon be repeated; however, this is exactly what keeps this country from becoming "police" state.
If you're ever charged with a crime, you deserve to have every stone overturned, every fact examined and every issue analyzed. Some people can do this for themselves, but just as you might not trust your next medical procedure to an untrained friend or family member - if you've been arrested, you owe it to yourself (and to your future) to contact an experienced Minnesota Criminal Defense Attorney.
Just because you've been arrested and charged does not mean that your fate is sealed.