Legal Opinion

State of Minn., City of Burnsville v. Juarez

Court of Appeals of Minnesota

Decided March 21, 1984No. C7-83-1421PublishedCited by 7 opinions

1Opinion of the Court

OPINION

WOZNIAK, Judge.

This is an appeal from a pretrial order of the Dakota County Court suppressing the results of a breathalyzer test in a prosecution for driving while intoxicated (DWI) under Minn.Stat. § 169.121 (1982). The court held that collateral estoppel applied where the test results were suppressed in a prior ruling pursuant to Minn.Stat. § 169.-123 (1982), the Implied Consent law. We reverse.

FACTS

Eugene Juarez was charged in Burns-ville, Dakota County, on May 15, 1983 with driving while under the influence of alcohol, Minn.Stat. § 169.121 (1982), and driving with an alcohol…

2Cases cited4 opinions

  1. Willems v. Commissioner of Public SafetySupreme Court of Minnesota · 1983
  2. Margo-Kraft Distributors, Inc. v. Minneapolis Gas Co.Supreme Court of Minnesota · 1972
  3. State, Department of Public Safety v. MulvihillSupreme Court of Minnesota · 1975
  4. State, Department of Public Safety v. HouseSupreme Court of Minnesota · 1971

3Cited by7 opinions

  1. Iowa Department of Transportation v. Iowa District CourtSupreme Court of Iowa · 1995
  2. State v. VictorsenCourt of Appeals of Minnesota · 2001
  3. Virsen v. Rosso, Beutel, Johnson, Rosso & EbersoldCourt of Appeals of Minnesota · 1984
  4. Kirsch v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1989
  5. State v. LemmerSupreme Court of Minnesota · 2007

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