Carry DWI

CASE LAW UPDATE:  Whether in a car on a highway constitutes carrying in a public place?

Defendant was charged with carrying a pistol under the influence in a public place.  The trial court, Renville County District Court, dismissed the case for lack of probable cause.  The trial court concluded that having a pistol located in the center console of the personal vehicle of defendant while operating on a public highway did not constitute a public place.

The Minnesota Court of Appeals reversed.  The Minnesota Court of Appeals held that a motor vehicle traveling on a public highway is in a public place for purposes of the crime of carrying a pistol in a public place while under the influence of alcohol.

State v. Serbus, A19-1921, Renville County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

By |2020-07-28T02:11:05+00:00July 28th, 2020|Victories/Case Law Updates|0 Comments

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