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Senate Counsel, Research and Fiscal Analysis
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Minnesota Senate Bldg.
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95 University Avenue W. Suite 3300
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St. Paul, MN 55155
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(651) 296-4791
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Alexis C. Stangl
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Director
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Senate
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State of Minnesota
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S.F. No. 610 - DWI Implied Consent Proceedings; Necessity Defense
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Author:
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Senator Vicki Jensen
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Prepared By:
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Kenneth P. Backhus, Senate Counsel (651/296-4396)
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Date:
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February 9, 2015
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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.
KPB/tg
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Last review or update: 02/09/2015
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