Minneapolis Criminal Defense Attorney Kevin W. DeVore Answers Questions on the Changed Minnesota DUI Landscape After U.S. Supreme Court Decision
(PRWEB) July 10, 2013 -- Minneapolis Criminal Defense Attorney Kevin DeVore, founder of the DeVore Law Office, answered questions on the U.S. Supreme Court decision in Missouri v. McNeely, 133 S. Ct. 1552 (2013). His goal was to help people better understand why so many Minnesota DUIs have the potential to be dismissed.
“Information on this recent court case can be extremely helpful to a number of people with DUI over .08 charges because the tests may have been taken in violation of their Constitutional rights,” said Kevin W. DeVore.
The Supreme Court rejected the proposition that states can routinely compel people suspected of drunk driving to submit to a blood test without consent and without a warrant in a drunk-driving case. This means a number of blood test results may be able to be suppressed.
DeVore said: If a search is to be upheld as constitutional it must be given “freely and voluntarily.” A person’s consent cannot be “coerced, by explicit or implicit means, by implied consent or covert force.”
He also said: If it is unconstitutional to coerce consent, then it should be illegal to charge someone with a crime for refusing to submit to an unconstitutional search.
The McNeely decision set off a flurry of DUI litigation in Minnesota and criminal defense attorney DeVore sees many changes on the horizon. “It is likely that DUI arrest procedures will change as a result of the McNeely decision. It is also possible that Minnesota will de-criminalize test refusal.”
DeVore practices in Minneapolis, St. Paul and throughout Minnesota and Wisconsin. To contact him for more information about this or any other criminal topic, please feel free to visit Kevin’s website at http://www.devorelawoffice.com or contact him at 651-312-6519.
About Kevin W. DeVore:
Minneapolis criminal lawyer Kevin DeVore offers experienced and aggressive criminal defense representation to people throughout Minnesota and the Midwest. With more than a decade of experience in the area of criminal defense, Kevin has a working knowledge and relationship with the law and the courts of the region. ‘Small firm’ values are expressed in his commitment, while ‘big firm’ expertise and resources help ensure the best possible results for a case.
Kevin DeVore has been designated as a “Super Lawyer” for the past 10 years in a row. This recognition is given to only 5% of the lawyers in the State of Minnesota. He is a certified Criminal Law Specialist and has been featured in the Star Tribune, Pioneer Press, and Law & Politics Magazine for his acclaimed criminal defense victories.
If you have been charged with a crime in Minnesota, contact Kevin DeVore at 651-312-6519.
Kevin W. DeVore, DeVore Law, http://www.devorelawoffice.com/, (612) 836-9501, [email protected]
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