Legal Opinion
State v. Olmscheid
Court of Appeals of Minnesota
Decided November 17, 1992No. C4-92-606PublishedCited by 7 opinions
1Opinion of the Court
OPINION
HUSPENI, Judge.
This appeal is from a judgment of conviction for gross misdemeanor refusal to submit to testing, Minn.Stat. § 169.121, subd. la (1990). We affirm.
FACTS
Appellant Dean Olmscheid was found sitting inside his pickup truck which was stuck in a snow-filled Stearns County ditch early on the morning of January 13, 1991. Deputy David Peschong approached the vehicle and saw no footprints leaving the truck on either the passenger’s or driver’s side. Looking inside, Peschong saw Olm-scheid, the only occupant, slumped over the steering wheel. Olmscheid had a strong odor of alcohol…
2Cases cited5 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- State, City of Mankato v. ChirpichCourt of Appeals of Minnesota · 1986
- State v. JuelfsSupreme Court of Minnesota · 1978
- Roberts v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1985
- Llona v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1986
3Cited by7 opinions
- Sentinel Management Co. v. New Hampshire Insurance Co.Court of Appeals of Minnesota · 1997
- State v. MellettCourt of Appeals of Minnesota · 2002
- State v. FiebkeCourt of Appeals of Minnesota · 1996
- State v. OuelletteCourt of Appeals of Minnesota · 2007
- State v. NetlandCourt of Appeals of Minnesota · 2007
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