Legal Opinion

Davis v. Commissioner of Public Safety

Court of Appeals of Minnesota

Decided January 21, 1994No. C4-93-874, C6-93-1122, C8-93-1123, CX-93-1124, C3-93-1143, C7-93-1226, C9-93-1227, C0-93-1228, C2-93-1229, C4-93-1393, C6-93-1394PublishedCited by 18 opinions

1Opinion of the Court

OPINION

ANDERSON, Chief Judge.

These appeals were consolidated to consider related issues concerning constitutional and statutory challenges to the implied consent law. In addition, one case raises a probable cause issue, and another raises a right to counsel claim.

We uphold the implied consent law as against challenges on fundamental fairness, procedural due process, and statutory grounds. We find premature the drivers’ claims that related changes in other laws convert the implied consent proceeding into a criminal proceeding. The larger reinstatement fee does not render the implied consent…

2Cases cited41 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Wolff v. McDonnellSupreme Court of the United States · 1974
  3. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  4. Bell v. BursonSupreme Court of the United States · 1971
  5. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963

36 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Davis v. Commissioner of Public SafetySupreme Court of Minnesota · 1994
  2. Brooks v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1998
  3. Nordvick v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 2000
  4. Ruffenach v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1995
  5. Schulz v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 2009

13 more not listed; retrieve them via the Exa API.

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