Legal Opinion

McShane v. Commissioner of Public Safety

Court of Appeals of Minnesota

Decided November 26, 1985No. C6-85-1057PublishedCited by 8 opinions

1Opinion of the Court

OPINION

FOLEY, Judge.

This appeal is from an April 26, 1985 order sustaining the revocation of appellant’s driver’s license under Minn.Stat. § 169.123 (1984), the implied consent statute. The trial court held that it was without jurisdiction to hear the matter since appellant’s petition for judicial review was not filed within the 30-day statutory period set out in Minn.Stat. § 169.123, subd. 5c (1984).

FACTS

Patrick McShane was arrested for DWI on January 27, 1985. He submitted to a blood test and the blood sample was sent to the Bureau of Criminal Apprehension (BCA) for analysis. Since results…

2Cases cited15 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  3. Mennonite Board of Missions v. AdamsSupreme Court of the United States · 1983
  4. MacKey v. MontrymSupreme Court of the United States · 1979
  5. State, Department of Public Safety v. JuncewskiSupreme Court of Minnesota · 1981

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3Cited by8 opinions

  1. State v. EganNorth Dakota Supreme Court · 1999
  2. Kleven v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1987
  3. Plocher v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 2004
  4. Thole v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 2013
  5. Johnson v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1986

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