In our last post, we talked about the scheduling system and the Controlled Substances Act of 1970. This seminal piece of legislation forever changed how the US tackled drug crimes, and we've been in the "War on Drugs" ever since. The "success," so much as it is, of this "war" is in the eye of the beholder.
You probably don't think about the Controlled Substances Act of 1970 that much on a daily, weekly, or even monthly basis. But it is one of the most important pieces of legislation in the world of criminal law in the last half-century. The Controlled Substances Act combined all federal laws at the time dealing with drug crimes and unified them under a single statute.
Police in Minneapolis are poised to have more information to help them solve crimes. Among other things, the N-Dex database, created and used by the FBI, will make it easier for law enforcement officers to quickly get information about criminals across state lines. That can lead to a suspect being apprehended before they have a chance to commit another crime, which makes the database access very valuable to them.
In our last post, we talked about expungement and how the Minnesota Supreme Court narrowly decided that the "Second Chance" law in this state did not apply to an individual who had criminal conviction downgraded to a misdemeanor. This meant he would not be able to expunge the conviction.
Lawyers recently argued in the Court of Appeals, as well as the Third District, that a man whose conviction was downgraded to a "misdemeanor" after he completed probation should be eligible to have his record expunged based on Minnesota's Second Chance Law. They lost in both lower courts. The case was then put before the Minnesota Supreme Court which upheld the lower courts' decision that the Second Chance Law did not apply, albeit by a narrow margin.
Getting a DWI can be very serious, but for those with a commercial driver's license (CDL), it can also mean a loss of their ability to work. That's because Minnesota drivers who get a DWI will lose more than just their regular driving privileges. They also lose access to their CDL, which will generally cost them their job. In some cases a driver may be able to switch to a different job with the same company so they can continue working, but in a lot of cases the driver will be fired because they can no longer do their job and the company's insurance premiums to keep them on the payroll will rise too high to be acceptable.
The state of Minnesota, as is the case for every state in the country, recognizes the 0.08 blood alcohol limit for drivers. Anyone over that level can be arrested for driving under the influence of alcohol. However, there are other circumstances that can lead to a DUI arrest, just as there are many different consequences that can be applied to a person who charged with such an offense.