Legal Opinion

State v. Norgaard

Court of Appeals of Minnesota

Decided June 5, 2017No. A16-1122Published

1Opinion of the Court

OPINION

SMITH, JOHN, Judge

We affirm appellant Justin Kenneth Norgaard’s conviction for driving with an alcohol concentration of 0.08 or more because the district court did not abuse its discretion in admitting evidence of the Da-taMaster breath-test results.

FACTS

At approximately 1:37 a.m. on June 18, 2015, Officer Schmitz stopped a speeding vehicle. The driver of the vehicle, Nor-gaard, told Officer Schmitz that he was coming from a bar and had consumed too much alcohol to be driving. Officer Schmitz placed Norgaard under arrest and read the implied consent advisory, after which Norgaard…

2Cases cited6 opinions

  1. United States v. Charles Eldon Gould, United States of America v. Joseph Patrick CareyCourt of Appeals for the Eighth Circuit · 1976
  2. State v. DilleSupreme Court of Minnesota · 1977
  3. State v. PrtineSupreme Court of Minnesota · 2010
  4. Bunten v. Eastern Minnesota Power Co.Supreme Court of Minnesota · 1929
  5. State v. PiersonCourt of Appeals of Minnesota · 1985

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