Lexis Nexis Minnesota Misdemeanors: DWI, Traffic, Criminal, and Ordinance Offenses
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Minnesota Misdemeanors: DWI, Traffic, Criminal, and Ordinance Offenses comprehensively explains and discusses the prosecution, defense, and adjudication of both gross misdemeanors and petty misdemeanors—i.e., non-felony—cases in the district courts of Minnesota. Although these criminal, traffic, and ordinance violations might appear to be minor, they are of major importance to defendants, victims, attorneys, judges, probation officers, court personnel, investigating officers, witnesses, jurors, and the public whose lives are profoundly affected by them. This text provides comprehensive coverage of the procedural issues involved in pretrial, trial, and appellate practice for offenses ranging from enhanced gross misdemeanors to drunk driving to traffic violations.
This new edition looks at the Minnesota Legislature’s passage of the 2024-2025 omnibus bill, spanning 2,800 pages and comprising statutory additions, repeals and amendments, many of which affected Minnesota petty misdemeanor, full misdemeanor, and gross misdemeanor traffic and criminal laws.
Most legislators and nearly all private citizens had no opportunity to read these new laws because the legislation was neither printed nor available online, even before the publishing deadline for the 2025 edition of this book. Readers should know that this edition summarizes some of these updates and a more comprehensive review will continue throughout the forthcoming editions as many important legislative changes, repeals, and additional laws need to be reviewed and analyzed accordingly.
Many non-felony offenses are hardly trivial. These offenses range from petty misdemeanor speeding and possession of marijuana, to misdemeanor assault and theft, to gross misdemeanor driving while impaired (DWI) and domestic abuse. For defendants, a jail sentence of up to one year, a $3,000 fine, six years of probation, extended loss of driving privileges, forfeiture of firearms and vehicles, and restitution, treatment, or other conditions of sentence may be imposed. Victims often suffer serious psychological damages, physical injuries, and property losses that can affect them even after the court case is resolved. Significant deterrent, rehabilitative, and public-safety considerations are also involved.
Also highlighted here are Minnesota’s rules of evidence and those procedures leading to the proper handling of such measures for both the prosecution and defense of the crime. Since the admission of evidence is critical to the outcome of these trials, the publication provides extensive background on the complex body of law limiting the gathering and use of evidence in criminal cases, emphasizing the constitutional requirements for arrest, search and seizure, stop and frisk, confessions and admissions, and other issues.
The previous edition's ISBN is 9781663374066.
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Featured Authors
Martin J. Costello
Martin J. Costello has been a municipal prosecuting attorney for nearly forty years. He received his B.A. from the College of St. Thomas, his M.A. from the University of Wisconsin, Madison, his Ph.D. from the University of Minnesota, and his J.D. from the University of Minnesota Law School. Martin is a MSBA Board Certified Criminal Law Specialist and MSBA Board Certified Labor & Employment Specialist. He serves on the Minnesota Judicial Appointments Commission and on the Minnesota Supreme Court Advisory Committee on the Rules of Criminal Procedure.
Table of contents
Part 1 Pretrial, Trial, and Appellate Practice for Misdemeanors in Minnesota
CHAPTER 1 INTRODUCTION TO GROSS MISDEMEANOR, MISDEMEANOR, AND PETTY MISDEMEANOR PRACTICE IN MINNESOTA
CHAPTER 2 CHARGING: COMPLAINT, CITATION, AND TAB CHARGE
CHAPTER 3 FIRST APPEARANCES UNDER RULES 5 AND 8
CHAPTER 4 PRETRIAL DISCOVERY
CHAPTER 5 OMNIBUS HEARING, PRETRIAL CONFERENCE, AND MOTIONS
CHAPTER 6 GUILTY PLEAS: PROCEDURE, NEGOTIATIONS, WITHDRAWAL
CHAPTER 7 THE TRIAL
CHAPTER 8 DISPOSITION: DIVERSION AND SENTENCING
CHAPTER 8A EXPUNGEMENT
Part 2 Major Constitutional, Statutory, and Other Limitations on the Gathering and Use of Evidence in Criminal Cases
CHAPTER 9 INTRODUCTION: GENERAL PRINCIPLES
CHAPTER 10 SEARCH AND SEIZURE
CHAPTER 11 ARREST
CHAPTER 12 STOP AND FRISK
CHAPTER 13 CONFESSIONS AND ADMISSIONS
CHAPTER 14 IDENTIFICATION PROCEDURES
CHAPTER 15 OTHER IMPORTANT LIMITATIONS ON THE USE OF EVIDENCE
Part 3 Selected Misdemeanor Offenses and Traffic Violations
CHAPTER 16 GENERAL PRINCIPLES OF LIABILITY
CHAPTER 17 DWI AND IMPLIED CONSENT
CHAPTER 18 FLEEING A POLICE OFFICER
CHAPTER 19 LEAVING THE SCENE OF AN ACCIDENT
CHAPTER 20 DRIVER’S LICENSE VIOLATIONS
CHAPTER 21 RECKLESS, CARELESS, INATTENTIVE DRIVING AND OTHER MAJOR TRAFFIC OFFENSES
CHAPTER 22 ALCOHOL IN A MOTOR VEHICLE
CHAPTER 23 SPEEDING
CHAPTER 24 ASSAULT, DOMESTIC ABUSE, AND PROTECTIVE ORDERS
CHAPTER 25 DISORDERLY CONDUCT AND OBSTRUCTING LEGAL PROCESS
CHAPTER 26 INDECENT EXPOSURE, PUBLIC INDECENCY, INVASION OF PRIVACY, AND SIMILAR OFFENSES
CHAPTER 27 TRESPASS
CHAPTER 28 DAMAGE TO PROPERTY
CHAPTER 29 FALSE INFORMATION TO A PEACE OFFICER
CHAPTER 30 THEFT, POSSESSING STOLEN PROPERTY, AND OTHER PROPERTY OFFENSES
CHAPTER 31 ISSUANCE OF DISHONORED CHECKS AND CHECK FORGERY
CHAPTER 32 FINANCIAL TRANSACTION CARD OFFENSES
CHAPTER 33 PROSTITUTION
CHAPTER 34 LIQUOR PURCHASE AND SALES OFFENSES
CHAPTER 35 DRUGS AND DRUG PARAPHERNALIA OFFENSES
TABLE OF CASES
TABLE OF STATUTES
INDEX
