11 Minnesota opinions name it 2 courts 1886–2016 0 in the last five years
The cases below were cited by Minnesota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Collinsgreen2 sentences2016See Busch, 614 N.W.2d at 259 . “[T]he implied-consent law imposes on a driver a requirement to act in a manner so as not to frustrate the testing process.” Collins, 655 N.W.2d at 658 . 2016Safety, 488 N.W.2d 838, 842 (Minn. App. 1992), review denied (Minn. Oct. 20, 1992). “[T]he implied-consent law imposes on a driver a requirement to act in a manner so as not to frustrate the testing process.” State v. Collins, 655 N.W.2d 652, 658 (Minn. App. 2003), review denied (Minn. Mar. 26, 2003). | 2 | 2 |
Busch v. Commissioner of Public Safetygreen2 sentences2016See Busch, 614 N.W.2d at 259 . “[T]he implied-consent law imposes on a driver a requirement to act in a manner so as not to frustrate the testing process.” Collins, 655 N.W.2d at 658 . 2003Id. at 259 . | 1 | 2 |
State of Minnesota v. Todd Eugene Trahangreen1 sentence2016Trahan, 870 N.W.2d at 404 (stating that “other viable options” to address impaired driving include offering a breath test and charging the driver if that test is refused, prosecuting the driver for DWI without a chemical test, and securing a search warrant for a test); see also Thompson, 873 N.W.2d at 880 . | 1 | 1 |
Kuhn v. Commissioner of Public Safetygreen1 sentence2016Safety, 488 N.W.2d 838, 842 (Minn. App. 1992), review denied (Minn. Oct. 20, 1992). “[T]he implied-consent law imposes on a driver a requirement to act in a manner so as not to frustrate the testing process.” State v. Collins, 655 N.W.2d 652, 658 (Minn. App. 2003), review denied (Minn. Mar. 26, 2003). | 1 | 1 |
State v. Meldegreen1 sentence2016State v. Melde, 725 N.W.2d 99, 106 (Minn. 2006); see also Magnuson v. Comm’r of Pub. | 1 | 1 |
State of Minnesota v. Ryan Mark Thompsongreen1 sentence2016Trahan, 870 N.W.2d at 404 (stating that “other viable options” to address impaired driving include offering a breath test and charging the driver if that test is refused, prosecuting the driver for DWI without a chemical test, and securing a search warrant for a test); see also Thompson, 873 N.W.2d at 880 . | 1 | 1 |
Gunderson v. Commissioner of Public Safetygreen2 sentences1991Again affirming a license revocation, this court indicated in Gunderson v. Commissioner of Public Safety, 351 N.W.2d 6, 7 (Minn.1984), that its conclusion was based in part on the absence of any evidence that the arresting officers misled the driver as to the requirement that he submit to testing. 15 While none of these decisions is dispositive of appellant’s claim, each indicates that this court has previously taken notice of whether individual suspects were actively misled by police regarding their statutory obligation to undergo testing. 1991Again affirming a license revocation, this court indicated in Gunderson v. Commissioner of Public Safety, 351 N.W.2d 6, 7 (Minn.1984), that its conclusion was based in part on the absence of any evidence that the arresting officers misled the driver as to the requirement that he submit to testing. [15] While none of these decisions is dispositive of appellant's claim, each indicates that this court has previously taken notice of whether individual suspects were actively misled by police regarding their statutory obligation to undergo testing. | 1 | 1 |
McIntee v. State, Department of Public Safetygreen1 sentence1984Formerly, there were two ways for a driver to challenge an implied consent revocation: by seeking a revocation hearing, Minn.Stat. § 169.123, subd. 5 (1980), or by petitioning for reinstatement, Minn.Stat. § 171.19 (1980); McIntee v. State, Dept. of Public Safety, 279 N.W.2d 817, 821 (Minn.1979). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Ferrier
green
2 sentences2016Ferrier, 792 N.W.2d at 101 . “[R]efusal to submit to chemical testing includes any indication of actual unwillingness to participate in the testing process, as determined from the driver’s words and actions in light of the totality of the circumstances.” Id. at 102 . 2016Ferrier, 792 N.W.2d at 101 . “[R]efusal to submit to chemical testing includes any indication of actual unwillingness to participate in the testing process, as determined from the driver’s words and actions in light of the totality of the circumstances.” Id. at 102 . | 1 | 2016–2016 |
South Dakota v. Neville
green
2 sentences2006The Court acknowledged that the officers did not inform the driver that a test-refusal could be used against him at trial, but thought it “unrealistic to say that the warnings given here implicitly assure a suspect that no consequences other than those mentioned will occur.” Id. at 566 , 103 S.Ct. 916 . 2006The Court acknowledged that the officers did not inform the driver that a test-refusal could be used against him at trial, but thought it “unrealistic to say that the warnings given here implicitly assure a suspect that no consequences other than those mentioned will occur.” Id. at 566 , 103 S.Ct. 916 . | 1 | 2006–2006 |
State v. Nelson
green
1 sentence2005For example, “the defense is free to argue the possibility of contamination or other irregularity in the taking of a blood alcohol sample,” id., or the driver may allege that the Intoxilyzer gave a false reading because of a low chemical level. | 1 | 2005–2005 |
Dyer v. . Erie Railway Company
green
1 sentence1886Co., 71 N. Y. 228 , in a like case, the same court, denying the existence of a relation of agency under such circumstances, held the negligence of the driver no bar to an action against the other wrong-doer. | 1 | 1886–1886 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.