Legal Opinion

Moe v. Commissioner of Public Safety

Court of Appeals of Minnesota

Decided February 10, 1998No. C9-97-1706, C9-97-1821PublishedCited by 3 opinions

1Opinion of the Court

OPINION

SHORT, Judge.

The driving privileges of Stephen Adolph Moe and Kenneth Martin Rice were revoked pursuant to Minn.Stat. § 169.123, subd. 4 (1994). Both revocations were rescinded when trial courts concluded that alcohol concentration test results were obtained in violation of the drivers’ due process rights. On this consolidated appeal, the Commissioner of Public Safety argues there is no due process violation where peace officers accurately summarize the statutory language, and the revocations should be sustained.

FACTS

Moe and Rice were arrested for driving under the influence of…

2Cases cited11 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Bell v. BursonSupreme Court of the United States · 1971
  3. South Dakota v. NevilleSupreme Court of the United States · 1983
  4. Hibbing Education Ass'n v. Public Employment Relations BoardSupreme Court of Minnesota · 1985
  5. Friedman v. Commissioner of Public SafetySupreme Court of Minnesota · 1991

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3Cited by3 opinions

  1. Tyler Lee Johnson v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 2016
  2. State v. NetlandCourt of Appeals of Minnesota · 2007
  3. Kristin Marie Poeschel v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 2015

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