Legal Opinion
State v. Omwega
Court of Appeals of Minnesota
Decided July 21, 2009No. A08-1738PublishedCited by 2 opinions
1Opinion of the Court
OPINION
CONNOLLY, Judge.
Appellant argues that using prior implied-consent license revocations to enhance a misdemeanor driving-while-impaired charge to a felony is unconstitutional. We affirm.
FACTS
On August 26, 2006, appellant Lewis Gilbert Ombagi Omwega was arrested for allegedly driving while impaired. On September 3, as a result of that offense, appellant’s driver’s license was revoked for driving with an alcohol concentration of .20 or more. See Minn.Stat. § 169A.20, subd. 3 (2008).
On September 24, appellant was again arrested for allegedly driving while impaired, and his license was…
2Cases cited10 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Dynamic Air, Inc. v. BlochCourt of Appeals of Minnesota · 1993
- Associated Builders & Contractors v. VenturaSupreme Court of Minnesota · 2000
- Hamilton v. Commissioner of Public SafetySupreme Court of Minnesota · 1999
- Davis v. Commissioner of Public SafetySupreme Court of Minnesota · 1994
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. FergusonCourt of Appeals of Minnesota · 2010
- Johnson v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 2016