Legal Opinion

City of West St. Paul v. Banning

Court of Appeals of Minnesota

Decided July 21, 1987No. C9-87-649PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION

SEDGWICK, Judge.

Respondent Scott Banning was charged with driving under the influence of alcohol, a misdemeanor, after his Intoxilizer breath test showed a .12 blood alcohol content. Minn.Stat. § 169.121, subd. 1 (1986). After Banning pleaded not guilty, the State learned he had been convicted of driving under the influence within the past two years. The State therefore moved to dismiss the complaint so that it could charge him with a gross misdemeanor under Minn. Stat. § 169.121, subd. 8(a).

The trial court granted the State’s motion, but at the request of Banning’s attorney…

2Cases cited6 opinions

  1. City of St. Paul v. LandrevilleSupreme Court of Minnesota · 1974
  2. City of St. Paul v. HalvorsonSupreme Court of Minnesota · 1974
  3. State v. OlsonCourt of Appeals of Minnesota · 1986
  4. In Re the Welfare of J.H.C.Court of Appeals of Minnesota · 1986
  5. State v. ChamberlainCourt of Appeals of Minnesota · 1985

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. State v. HartSupreme Court of Minnesota · 2006
  2. State v. GaultCourt of Appeals of Minnesota · 1996

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