State v. Bashaw
Court of Appeals of Minnesota
1Opinion of the Court
OPINION
PETERSON, Judge.
On appeal from his conviction for driving with an alcohol concentration of 0.10 or more, Mark Bashaw argues that the district court erred in relying on Minn.Stat. § 169.121, subd. 2 (1992) to exclude evidence of his postaccident alcohol consumption for failure to give notice of this evidence to the state. Bashaw argues that Minn.Stat. § 169.121, subd. 2 does not apply here because he offered the postaccident drinking evidence to disprove an essential element of the offense of driving with an alcohol concentration of 0.10 rather than to prove an affirmative defense to…
2Cases cited8 opinions
- Delaware v. Van ArsdallSupreme Court of the United States · 1986
- Tuma v. Commissioner of Economic SecuritySupreme Court of Minnesota · 1986
- State v. PostSupreme Court of Minnesota · 1994
- State v. BrechonSupreme Court of Minnesota · 1984
- Schumacher v. IhrkeCourt of Appeals of Minnesota · 1991
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3Cited by3 opinions
- State v. BakerSupreme Court of Delaware · 1998
- Charles Webber v. State of MississippiCourt of Appeals of Mississippi · 2016
- Charles Webber v. State of MississippiCourt of Appeals of Mississippi · 2016