The Minnesota DWI Case of the Week is State v. Preston (Decided August 5, 2019, Minnesota Court of Appeals, Unpublished) which stands for the proposition that the police may conduct a traffic stop if they observe a partially obscured license plate.
In Preston, Beltrami County Sheriff's Deputy Bender was monitoring traffic when the Defendant drove past. The Deputy was unable to read Defendant's license plate number as it was obstructed by a dangling light.
Deputy Bender initiated a traffic stop. He then approached the car and recognized the Defendant. Deputy Bender knew Defendant's driver’s license was cancelled. Preston was arrested and Deputy Bender searched the vehicle and found numerous smoking devices, marijuana, and an open container of alcoholic iced tea. Appellant admitted to smoking methamphetamine six hours earlier. A search warrant was obtained and executed, and appellant’s blood tested positive for methamphetamine.
Defendant was charged with driving after cancellation, DWI and 5th Degree possession. Mr. Preston filed a motion to suppress arguing the initial stop of his vehicle was not valid.
The District Court denied the motion to suppress and on appeal, the Minnesota Court of Appeals affirmed, stating:
"Minnesota law prohibits obstructing the view of a license plate. “The person driving the motor vehicle shall keep the plate legible and unobstructed ... so that the lettering is plainly visible at all times.” Minn. Stat. § 169.79, subd. 7 (2016). In finding that appellant violated this traffic law, the district court relied on a photograph of the license plate and testimony from Deputy Bender. The photograph, taken at the time of the traffic stop, shows a light dangling over the last three letters of the license plate. One letter is obstructed and another letter is partially obstructed. Further, Deputy Bender testified that the light made the license plate “difficult to see.” Because the record supports the district court’s factual finding that the license plate was obstructed and this provided Deputy Bender with a reasonable, articulable suspicion to stop appellant’s vehicle, we affirm."
Moral Of The Story: He should have joined the "clean plate" club!
If you or a loved one have been charged with a Minnesota DWI, feel free to contact Minneapolis DWI Lawyer, F. T. Sessoms at (612) 344-1505 for answers to all of your Minnesota DWI and DUI questions.
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