MN Supreme Court To Take Up Domestic Abuse/DWI Case

In May 2011, a woman and her husband were drinking at a resort in rural Kanabec County. The husband, who had a history of domestic violence, became abusive.

To escape, the woman fled the scene in a vehicle. She was eventually arrested for DWI.

Although her charge was later downgraded to reckless driving, she has appealed the case all the way to the Minnesota Supreme Court, which is poised to hear arguments very soon, CBS reports.

The woman believes that domestic violence victims are worthy of special consideration and believes that applying DWI laws the way they were applied in this case is too rigid.

While we believe that laws should be applied evenly and generally, we do think the question of whether this woman was the kind of person DWI laws were intended to punish is at least worth asking. From the woman’s description of the events, it sounds as though she had no other means of escaping her violent husband than driving; surely, we would not expect her to stay and be injured (or perhaps even killed).

I took interest in this case because my job as a Minneapolis DWI lawyer requires me to stay fully informed about changes in DWI laws. I also find it an interesting question of law. I will be keeping tabs on this case and will likely write an update post as more information becomes available.

In the meantime, if you have any questions that you need answered by a criminal defense attorney who handles DWI cases, please feel free to contact me.

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