Legal Question in Criminal Law in Minnesota

I am currently being charged with DUI and refusal. I work for various agencies including the EPA and I am a federally credentialed FIFRA inspector, I also a tribal Enviromental inspector. I have a code of conduct and ethics I follow as a fed and I took the oath of office. My tribal job is the same with moral standards requirements and protection of public safety. It started when I went back to casino from a bar up town where a friend of mine was arrested for dui. I had a few words with PD on racial profiling. My buddy made me settle down and told me to take care of his girl since they were far from home and she knew know one. I agreed. His other friend dropped us off at casino where me and my family were guest. I tried to get this woman a room because she was very intoxicated but I learned she was kicked out of casino. Security escorted her to door where tribal cop was waiting. He ran her name and she had no warrents and told her she had to leave tribal property, I Asked if he bring her somewhere but he tod her to go. I got upset because she was defenseless in a town where she had no where To go and I feared for he safety. I told cop he had a duty to protect that lady. He told me to go back into the hotel. I told I'm to read his badge that said serve and protect. Does that only count to certain people, asked him if he knew what equal protection meant. He told security to watch me. As he pulled out. Star Mart is about two blocks away but all casino property. I felt I had a duty and moral obligation to do something so I drove over where I seen a county deputy in a marked cop car to ask for service for the drunk and walking woman, didn't get a chance to get out and the tribal cop made a big turn and pulled up behind me. Asked for my license and insurance card what I provided. I took the field sobriety test which I failed. I told him I had medical concerns and prescriptions that affect my balance and I had a hernia that made motion limited. He asked what meds I was on I told anexity and sromach meds, clonospam, and Prozac and a few others. He asked if I would talk field breath analyser and I said sure. I blew a .23 and I told him that's not possible then he informed me I was under arrest. I told him my car was fine where it was since I was guest at casino and it posed no threat. I asked if he would pull it to credit union about 20 ft away and put keys in ash tray and he agreed. At police station I was booked and asked to take the big breath analyser and told him no. I need blood drawn for my job. And with my medical issues that couldn't give a accreate reading then I asked to see the calibration log and if he was certified to take that test on that older model breath analyser. He got mad and threw his pen and said there's a refusal. Told the cop I demand blood be drawn and pay for it myself. He said it wasn't up too me it was up to him. And I wasn't getting one. So I asked him if he was enrolled and he said what does that matter. I asked if he ever heard of federal Indian law? I told him that e was a white cop on federal trust property enforcing state law. Then the county deputy asked if I knew what pl 280 was. I told him obviously a lot more than he did. And I told him the state or county has no juristiction on federal trust land and I told hi I don't recognize his authority. Than I stated I am a federally credentialed EPA inspector and both of you should be ashamed to wear that badge . I do case development for tribal court and federal court. The statement he submitted. Is bias as at best. He attempted to leave out relevant info about the events prior to his arrest. How he got a call from dispatch about a green van leavening casino. By the way mine is purple, the test they do with the light to check your reflex or something. He failed to mention we were in a well lighted parking lot with on coming. Traffic lights shinning on us. Question. Would I better off pushing for change of venue for federal court or you think state court


Asked on 1/02/16, 2:51 am

2 Answers from Attorneys

Rory Durkin Giancola-Durkin Criminal Defense

You have a lot of issues with this fact pattern. It would be advisable to contact an attorney for a consultation immediately. There is a license revocation matter that needs to be filed within 30 days of the arrest. That is extremely important. In your case there are cases pending in the US supreme court as well as Minnesota State Appellate courts that will impact you and may benefit you if you raise them and preserve them. You can contact us at 763-421-1441 to schedule an appointment for a free consultation if you like.

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Answered on 1/02/16, 5:06 am
Samuel Edmunds Sieben Edmunds Miller PLLC

Change of venue is highly unlikely. You have many challenges to raise though, not the least of which is the constitutionality of the entire refusal law. Don't try to go it alone. You need an experienced DWI defense practitioner on your side. Feel free to give us a buzz.

651-994-6744

[email protected]

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Answered on 1/02/16, 8:29 am


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