Quantcast
Home / Legal News / Supreme Court will decide Brooks tomorrow
Justices to tackle Minnesota's DWI law

Supreme Court will decide Brooks tomorrow

The Minnesota DWI Defense blog is reporting that the Supreme Court will issue a decision in State v. Brooks tomorrow.

The decision will be the court’s first opportunity to rule on whether police need a warrant to take blood, breath and urine tests of suspected drunken drivers.

The court was also asked if someone can “consent” to a test if saying no means the driver will be charged with a crime?

Brooks is the consolidation of three DWI cases: two from Scott County and one from Hennepin County. In all three arrests, Wesley Eugene Brooks consented to the tests. Prosecutors argue that there are special circumstances that made a warrant unnecessary in DWI stops.

The defense argues that that a DWI stop alone is not reason to take someone’s blood, breath or urine without their consent and doing so is a violation of their constitutional rights.

 

Leave a Reply