Legal Opinion
Mell v. Commissioner of Public Safety
Court of Appeals of Minnesota
Decided November 25, 2008No. A07-2372PublishedCited by 8 opinions
1Opinion of the Court
OPINION
MINGE, Judge.
Appellant challenges the decision sustaining his driver’s license revocation under the implied-consent law, arguing that (1) there was not probable cause for his arrest for second-degree assault; (2) the arresting officer’s invocation of the Minnesota implied-consent law was improper because it was based on an unauthorized preliminary breath test (PBT); and (3) his right to counsel was violated when he had only two minutes to use the telephone and telephone book before the deputy required the test. Because we conclude that the arrest was proper, the administration of the…
2Cases cited29 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Ornelas v. United StatesSupreme Court of the United States · 1996
- Beck v. OhioSupreme Court of the United States · 1964
- Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
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3Cited by8 opinions
- Kristin Marie Poeschel v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 2015
- Nelson v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 2010
- State v. KoppiCourt of Appeals of Minnesota · 2010
- Damon Dewitt Tackett v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 2015
- Gerald John Westman v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 2014
3 more not listed; retrieve them via the Exa API.