Legal Opinion

State v. Wiltgen

Supreme Court of Minnesota

Decided August 23, 2007No. A06-152PublishedCited by 17 opinions

1Opinion of the Court

OPINION

HANSON, Justice.

This case presents the question of whether an administrative license revocation, which did not receive a prompt pos-trevoeation judicial review because of an automatic stay pending the prosecution of the associated criminal charge, can constitutionally be used as an aggravating factor to support the enhancement of a subsequent driving while impaired (DWI) charge from third-degree to second-degree. Appellant Jessica Ann Wiltgen was charged with second-degree DWI for a September 2005 driving incident. The charge of second-degree DWI was based in part on Wiltgen’s August…

2Cases cited17 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Wilkinson v. AustinSupreme Court of the United States · 2005
  3. Kansas v. HendricksSupreme Court of the United States · 1997
  4. MacKey v. MontrymSupreme Court of the United States · 1979
  5. United States v. Mendoza-LopezSupreme Court of the United States · 1987

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3Cited by17 opinions

  1. Sawh v. City of Lino LakesSupreme Court of Minnesota · 2012
  2. State v. PeckSupreme Court of Minnesota · 2009
  3. State v. EngleSupreme Court of Minnesota · 2008
  4. Business Bank v. HansonSupreme Court of Minnesota · 2009
  5. Olson v. One 1999 Lexus Mn License Plate No. 851ldv Vin: Jt6hf10u6x0079461Supreme Court of Minnesota · 2019

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