Thousands of Convictions For Refusing to Consent to DWI Tests Could Be Overturned After Ruling

August 22, 2018 10:18 PM

Thousands of convictions in Minnesota could potentially be thrown out after a ruling Wednesday from the Minnesota Supreme Court.

Individuals convicted of refusing to consent to tests for chemical impairment could have it wiped off their records.

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Here's why.

Mark Johnson was stopped in both 2009 and 2014 on suspicion of driving while impaired. Officers requested he take a blood or urine test and a test for the presence of alcohol.

Johnson refused. Both times he pleaded guilty to refusing to take a chemical test. But in 2016, he filed a petition to fight those convictions. According to Johnson, the officers didn't have warrants at the time - making his arrest unconstitutional.

Johnson won his case.


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In the last 10 years, nearly 13,000 people in Minnesota have been pulled over for suspicion of driving while intoxicated, refused to take a chemical test and been convicted of it.

"And anybody that's been convicted of that crime can now bring a motion to have those convictions vacated," attorney Charles Ramsay said.

Ramsay said the ruling applies to thousands of thousands of people who have been convicted of DWI test refusal over the past 20 years.

Ramsay said those potentially eligible to have their conviction overturned first need to file a post-conviction motion with the court, then contact an attorney.
 

Credits

Todd Wilson

Copyright 2018 - KSTP-TV, LLC A Hubbard Broadcasting Company

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