refusal test (Minnesota) · Go Syfert
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refusal test in Minnesota

9 Minnesota opinions name it 2 courts 1902–2015 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.

Followed or applied (5)

CaseFollowedCited
Sigfrinius v. Commissioner of Public Safetygreen
minnctapp · 1985 · cited in 2 Minnesota opinions naming this issue, 2000–2015
2 sentences

2015Safety, 378 N.W.2d 124, 127 (Minn. App. 1985) (concluding that a driver’s act of putting a breath mint in his mouth constituted a refusal to test when he was advised several times to remove it, and the district court found that his actions were calculated to avoid license suspension).

2000Safety, 378 N.W.2d 124 (Minn.App.1985) (driver’s actions constituted a refusal to test, in case where driver put breath mint in his mouth and was advised five to six times to remove it, and trial court found driver’s actions were calculated to avoid suspension of license). 2 Based on these facts, we conclude that the district court properly found that Busch’s behavior frustrated the implied consent process and amounted to a retraction of his request for an attorney and a refusal to submit to testing. 3 DECISION Because Busch’s behavior during the reading of the implied consent advisory frustra

12
State v. Barsnessgreen
minn · 1990 · cited in 1 Minnesota opinions naming this issue, 2010–2010
1 sentence

2010Safety, 473 N.W.2d 828, 835 (Minn.1991).

11
State v. Abegreen
minn · 1980 · cited in 1 Minnesota opinions naming this issue, 1990–1990
2 sentences

1990Id.; see also State v. Abe, 289 N.W.2d 158 (Minn.1980).

1990Id.; see also State v. Abe, 289 N.W.2d 158 (Minn.1980).

11
State v. Salasgreen
minn · 1981 · cited in 1 Minnesota opinions naming this issue, 1987–1987
1 sentence

1987State v. Salas, 306 N.W.2d 832, 835 (Minn.1981).

11
Dietrich v. Commissioner of Public Safetygreen
minnctapp · 1985 · cited in 1 Minnesota opinions naming this issue, 1986–1986
1 sentence

1986Erickson argues the Commissioner of Public Safety has not established that there was probable cause to arrest her for violation of the DWI statute and that the Commissioner failed to establish the “necessary temporal connection” between her driving and her alleged intoxication as required by Dietrich v. Commissioner of Public Safety, 363 N.W.2d 801, 803 (Minn.Ct.App.1985).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Rita Ann Stevens v. Commissioner of Public Safety green
minnctapp · 2014
1 sentence

2015And “[i]f a driver expresses verbal agreement to submit to chemical testing but does not provide an adequate sample, his or her conduct may be deemed a refusal to submit to chemical testing.” Stevens, 850 N.W.2d at 721 .

12015–2015
State v. Gross green
minn · 1983
2 sentences

1991Gross, 335 N.W.2d at 510 n. 1.

1991Gross, 335 N.W.2d at 510 n. 1.

11991–1991
State v. Upton green
minn · 1981
2 sentences

1984The court’s refusal to bar use of the prior conviction is supported by numerous decisions of this court, particularly State v. Upton, 306 N.W.2d 117 , 118 *561 (Minn.1981) (allowing use of a third-degree murder eonviction to impeach the credibility of a defendant charged with assault with a dangerous weapon).

1984The court’s refusal to bar use of the prior conviction is supported by numerous decisions of this court, particularly State v. Upton, 306 N.W.2d 117 , 118 *561 (Minn.1981) (allowing use of a third-degree murder eonviction to impeach the credibility of a defendant charged with assault with a dangerous weapon).

11984–1984
Brandenburger v. Jefferson Club Ass'n neutral
moctapp · 1901
1 sentence

1902For the refusal is a violation of its rules, which the member has agreed to obey.” See also Brandenburger v. Jefferson, 88 Mo. App. 148 .

11902–1902

Where else courts name it

TX 342 (1874–2026) CA 118 (1867–2024) IL 104 (1885–2026) MO 64 (1886–2014) IN 55 (1875–2014) WI 52 (1932–2025) MA 51 (1870–2025) NY 49 (1871–2025) MS 48 (1889–2024) PA 34 (1849–2026) VA 25 (1912–2026) AL 24 (1895–2007) WV 24 (1896–2021) OH 23 (1889–2024) NM 22 (1910–2023) GA 19 (1882–2024) CO 15 (1922–2026) FL 14 (1913–2014) NE 13 (1893–2024) IA 12 (1897–2021) KS 12 (1892–1996) AR 11 (1914–2020) ID 11 (1921–2020) AZ 10 (1966–2021) OK 10 (1911–2008) MD 9 (1963–2010) NV 9 (1887–2013) MN 9 (1902–2015) NJ 8 (1964–2020) WY 8 (1952–2020) WA 8 (1917–2000) ME 8 (1926–2019) KY 7 (1916–2024) NC 7 (1947–2019) OR 7 (1885–2015) ND 6 (1960–2007) UT 6 (1968–2026) SD 5 (1925–2014) VT 5 (1884–1990) LA 4 (1969–2006) MT 4 (1935–2016) NH 4 (1974–1997) HI 4 (1945–1999) DC 4 (1989–2025) CT 4 (1975–2018) MI 3 (1927–1978) TN 3 (1935–2013) SC 3 (1988–2024) RI 3 (1970–1987) AK 2 (1978–1981)

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.

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