Legal Opinion
State v. Banken
Court of Appeals of Minnesota
Decided December 28, 2004No. A04-477PublishedCited by 1 opinion
1Opinion of the Court
OPINION
MINGE, Judge.
Appellant challenges his conviction of driving while impaired, arguing that a test administered more than two hours after driving cannot be used as evidence to convict him for having an alcohol concentration of .10 or more as measured within two hours of driving under Minn.Stat. § 169A.20, subd. 1(5) (2000). Because the statutory language is ambiguous and because other analysis supports a reading which allows a test taken more than two hours after driving to be used as evidence, we affirm.
FACTS
Appellant, Jeremy Q. Banken, was involved in an automobile accident that oc…
2Cases cited6 opinions
- State v. MurphySupreme Court of Minnesota · 1996
- State Ex Rel. Beaulieu v. RSJ, Inc.Supreme Court of Minnesota · 1996
- Correll v. Distinctive Dental Services, P.A.Supreme Court of Minnesota · 2000
- State v. FavreCourt of Appeals of Minnesota · 1988
- State v. KollaCourt of Appeals of Minnesota · 2003
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3Cited by1 opinion
- State of Minnesota v. Somsalao ThonesavanhCourt of Appeals of Minnesota · 2016