Legal Opinion

McDonnell v. Commissioner of Public Safety

Court of Appeals of Minnesota

Decided November 9, 1990No. C6-90-53, C7-90-224, C1-90-249, C5-90-478 and C0-90-842PublishedCited by 7 opinions

1Opinion of the Court

OPINION

FOLEY, Judge.

These appeals were combined for purposes of oral argument. They present constitutional challenges to the criminal refusal statute and the implied consent advisory. Minn.Stat. § 169.121, subd. la, § 169.123, subd. 2(b) (Supp.1989). The trial courts in the individual cases found the statutes unconstitutional, on differing grounds and either dismissed the criminal prosecutions or rescinded the driver’s license revocations. We reverse and remand for further proceedings in each case.

FACTS

The facts of each of these individual cases are of limited relevance to the constitutional…

2Cases cited44 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. Kolender v. LawsonSupreme Court of the United States · 1983
  4. Kirby v. IllinoisSupreme Court of the United States · 1972
  5. Moran v. BurbineSupreme Court of the United States · 1986

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3Cited by7 opinions

  1. McDonnell v. Commissioner of Public SafetySupreme Court of Minnesota · 1991
  2. Brooks v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1998
  3. State v. SimonCourt of Appeals of Minnesota · 1992
  4. Pahlen v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1992
  5. Town of Mount Pleasant v. ShawSupreme Court of South Carolina · 1993

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