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S.F. No. 610 - DWI Implied Consent Proceedings; Necessity Defense
 
Author: Senator Vicki Jensen
 
Prepared By: Kenneth P. Backhus, Senate Counsel (651/296-4396)
 
Date: February 9, 2015



 

S.F. 610 amends the DWI implied consent law to specifically authorize a petitioner to raise the affirmative defense of necessity based on a threat to physical safety. This bill is in response to a recent Minnesota Supreme Court ruling (Axelberg v. Commissioner of Public Safety) holding that the common law affirmative defense of necessity is not available in DWI implied consent proceedings.

 

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