Whiskey Plates | Minnesota DWI DUI Lawyer, Minneapolis Criminal Defense Attorney

Posts Tagged ‘whiskey plates’

MN DWI Whiskey Plate Legislation Pushed in Other States

Saturday, February 16th, 2013

Already established in Minnesota, now a push by states across the country has reenergized an effort to force those who have received a drunk driving conviction to brand themselves with special license plates identifying them for their crime. Just a few weeks ago Montana legislators proposed a bill, House Bill No. 276, which would force those convicted of breaking state DUI laws to purchase bright orange license plates. Those convicted of driving drunk would have to keep the plates on their car for five years

In 2012, Iowa, New York and Washington state each introduced similar legislation, with varying degrees of success. New York’s measure has been continued into the new legislative session while Iowa’s failed and Washington’s was postponed for future consideration. In the past two years, seven states have tried to pass such legislation, with Georgia successfully implementing a version of the special plate legislation.

The first state to require the use of such identifying license plates, known by many as “party plates” or here in Minnesota, “whiskey plates,” was Ohio. The state legislature passed a law in 1994 that mandated the plates. The license plates are all bright yellow and have red numbers and are given out to those drivers who are convicted of a DUI with a blood alcohol concentration greater than .17. Also, drivers convicted of more than one DUI offense are required to use the plates.

In Minnesota, if a driver gets more than two DWI convictions within 10 years, receives a DWI with aggravating factors present or is found driving after a license suspension or revocation, that person’s normal license plates can be revoked and swapped out with the state’s whiskey plates, officially known as a license plate impoundment. The license plate impoundment effects not only the alleged drunk driver, but everyone else in the family who might drive any car owned by or registered to the convicted driver.

The plates are known as “whiskey plates’ because in Minnesota all of the special license plates begin with the letter “W.” The plates are all white with blue or black text and must be used for the full length of that person’s license suspension.

These plates are very important because they give other drivers and police officers an easy way to instantly identify what some might consider risky drivers. While law enforcement officials insist this is a good thing and can help keep the public safe, opponents of the law believe it achieves no purpose other than humiliate already embarrassed drivers by forcing them to drive around town with a scarlet letter on their back bumper.

Though police are required to have a reason to stop drivers, even those with whiskey plates, there’s no way to deny that those drivers with special drunk driver license plates are at a special risk of being under the watchful eye of officers. It should go without saying that if you’re driving around Minnesota with such license plates late at night or near bars you should be aware that any passing officer will likely be looking for a reason to stop your car.
Source: “DUI Bill Calls for Orange License Plates,” by Chudney Matta, published at KFBB.com.

Tags: DWI in Minnesota, whiskey plates
Posted in Uncategorized | Comments Off

License Plate Impoundment in Minnesota DUI or DWI Cases – The “Scarlet Letter”

Saturday, April 28th, 2012

As a DWI attorney in Minnesota for 17 years, when I first meet individuals charge with a DUI or DWI offense, it is a rather emotional situation for the prospective client. They are now under the stressful realization that they’ve been charged with a crime and are about to enter a legal maze full of potential pitfalls. This is where we help alleviate these stresses by making our clients knowledgeable about the process and how we can navigate and plan our strategy to ultimately receive an excellent outcome in their respective case.

One of the biggest concerns expressed by clients at these initial meetings is with regard to potential license plate impoundment or what I like sometimes refer to as the state’s “scarlet letter” on the driver charged with a certain level of DUI offense. It can be extremely frustrating for the family of a driver subject to such an order, because the plate impoundment order applies not only to the vehicle in which they were driving, but also any other vehicle registered in his or her name whether owned jointly or individually. Usually, the driver has an added sense of grief because now an innocent family member may be subject to driving their vehicle with license plates clearly branded as a “whiskey” or DWI plate. As this becomes more frequent, they also become more identifiable to other motorists on the roadway adding to the embarrassment one may feel.

In addition, since July 1st, 2011, the state has now broadened those that are subject to a plate impoundment by making it mandatory for the driver to surrender their license plates if their blood alcohol concentration is a .16 or more as opposed to the earlier .20 or more. This is required regardless of whether the driver has any prior DWI convictions on their record. The driver does have the opportunity to challenge the plate impoundment order and a few counties allow a temporary reinstatement of regular non-DWI plates while the driver is awaiting the outcome of their hearing.

Plate impoundment occurs in the following situations: one is charged with a DWI within 10 years of a prior DWI conviction or prior license revocation that was the result of a DWI conviction; the driver had a BAC of 0.16% or more; a child under the age of 16 was in the vehicle when the offense occurred; or the offense took place while the driver’s license was canceled for being inimical to public safety.

A plate impoundment order applies both to the motor vehicle involved in the DWI offense, and any motor vehicle registered, owned, or leased in the name of the DWI offender, whether solely or jointly owned. An arresting officer may issue a plate impoundment order, which is effective immediately, at the time of the arrest. The plates are then seized by the officer and a seven-day temporary vehicle permit is issued (or 45 days if the offender is not the vehicle’s owner).

A plate impoundment has a minimum term of 1 year, during which, the offender is prohibited to drive a motor vehicle unless the person driving has been re-licensed to drive, and coded plates are displayed on the vehicle. When acquiring or selling a vehicle during the plate impoundment period, the offender is subject to certain restrictions. A person may appeal to license plate impoundment administratively or judicially.

If you or someone you know has been charged with a DWI or DUI offense, it is imperative that they seek the immediate advice of an experienced Minnesota DUI Lawyer. The attorney will first need to review their respective case to see if the driver is subject to such a plate impoundment order and then be able to advise the client how to proceed in challenging the order.

Tags: DUI, license plate impoundment, Minnesota DWI, whiskey plates
Posted in Uncategorized | No Comments »

Minnesota DWI "Whiskey" or Special Plates: Cannot be sole basis of traffic stop

Saturday, March 27th, 2010

Whiskey Plates Can’t Be the Only Reason a Driver is Stopped

When an driver has had two or more DUIs in a ten year period, tested with a BAC of .20 or more, refused testing, or had a child in the car he or she may end up with something called special series license plates, or “Whiskey Plates” on his or her vehicle. These special plates may be issued under Minn.Stat. §168.041, subd. 6, in the following circumstances: if a member of the violator’s household has a valid driver’s license, the violator or owner has a limited license issued under section 171.30, or the owner is not the violator and the owner has a valid or limited license or a member of the owner’s household has a valid driver’s license.

Until 2003, law enforcement officers could perform an investigatory stop – or pull over – any vehicle being driven on Minnesota’s roadways if that vehicle had Whiskey Plates, whether or not the driver had done anything wrong. This was because of Minnesota Statute §168.0422, which provides: A peace officer who observes the operation of a motor vehicle within this state bearing special series registration plates issued under section 168.041, subdivision 6, or 169A.60, subdivision 13, may stop the vehicle for the purpose of determining whether the driver is operating the vehicle lawfully under a valid driver’s license.

However, in State v. Henning, a case decided by the Minnesota Supreme Court in July of 2003, Minnesota Statute §168.0422 was found unconstitutional.

Minnesota Statutes §168.0422 was originally passed by the legislature in order to authorize the stops prohibited by the Minnesota Court of Appeals ruling in a 1995 case entitled State v. Greyeagle, in which the Appellate Court ruled that police may not make suspicionless stops of drivers based solely on special series registration plates, where the statute creating the special plates does not provide that the plates are issued under that condition. So, the legislature enacted § 168.0422 to allow law enforcement officers to do precisely what the Appellate Court had said they couldn’t do without a special law specifically allowing it.

In 2003, in Henning, the State argued that § 168.0422 was constitutional because by applying for the special series or Whiskey Plates, the driver had given something akin to implied consent and acknowledged that the police would be legally able to stop his vehicle at any time for no other reason than that he had special series plates. The Minnesota Supreme Court disagreed, and said:

“The special series registration plates are only issued upon a showing that someone will be legally driving the vehicle bearing those plates. This person may be the violator, who may be issued a limited license to drive under certain circumstances, such as attending work or school… However, the special series plates are also issued where someone other than the violator, either a member of the violator’s household or someone else identified to the commissioner of public safety, will be lawfully driving the vehicle. These qualified, licensed drivers of the specially registered vehicles are also subject to the possibility of numerous stops made each and every day, pursuant to Minn.Stat. §168.0422, solely on account of driving a motor vehicle bearing special series registration plates. Thus, Minn.Stat. §168.0422 subjects a number of licensed motorists, who were not party to the original revocation of the registration plates or the subsequent reissuing of the special series plates, to the possibility of being stopped by every law enforcement officer they encounter.”

For the same reason that road blocks as sobriety check points are unconstitutional in Minnesota, stopping cars for no reason other than that they have special series plates is unconstitutional: The Minnesota State Constitution, Article I, Section 10 states that police must have an objective, individualized articulable suspicion of criminal wrongdoing before they are able to stop a driver because that stop is a search and/or seizure under both the State and Federal constitutions.

You can read the full text of the Supreme Court’s opinion at:http://caselaw.findlaw.com/mn-supreme-court/1324139.html

Tags: Minnesota DWI, plate impoundment, special plates, whiskey plates
Posted in Uncategorized | No Comments »